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(영문) 의정부지방법원 2020.11.10 2019가단116627

건물등철거

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The plaintiff's primary claim and conjunctive claim against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. Defendant B purchased on April 25, 2002 the mining right indicated in the attached Table concerning F mining areas in Gyeonggi-gun E and completed the registration of transfer on the same day. Around that time, Defendant B also acquired the mining right concerning G mining areas and engaged in mining.

Defendant B made entry roads to be used jointly in F mining areas and G mining areas, and opened up to the entry roads to construct four marries, marries and marries, office rooms, employees’ lodging rooms, office-only restaurants, and toilets, each of which is described in the purport of the claim at the location of F mining areas adjacent to the F mining areas (hereinafter “each of the buildings of this case”).

B. On June 10, 2015, Defendant B transferred the mining right to the F mining area in KRW 3,500,000 to H, I, and J. However, Defendant B entered into a transfer contract with the transferee of each of the buildings of this case, including crushing and subdivision owned by the Defendant B, if the location of each of the buildings of this case, including the building of this case, is mined, with the exception of those subject to the transfer, and if the location of each of the buildings of this case is mined, Defendant B entered into the transfer contract (hereinafter “the transfer contract of this case”) with the transferee of each of the buildings of this case (hereinafter “the transfer contract of this case”). The transferee

Pursuant to the instant transfer and acquisition agreement, H registered the following day on the grounds of the pre-sale agreement as of July 14, 2015 with respect to the said mining right by the purchaser, and re-registered the next day on the grounds of the pre-sale agreement as of September 23, 2015.

C. The buyers sought to transfer their mining rights through Defendant D’s directors, and K Co., Ltd., which were audited by Defendant C. Accordingly, at K Co., Ltd., Defendant D, C resigned from office on October 12, 2015, and H, I, L (sons of J), M were appointed as directors, and N were appointed as auditors, but the buyers were not transferred their mining rights as they did not fully pay the above purchase price.

Defendant B, despite the transfer of F mining area on March 2, 2016, may continue to use each of the instant buildings located within F mining area.