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(영문) 수원지방법원 성남지원 2018.05.16 2016가단227488

건물등철거

Text

1. As to the Plaintiff A’s Fund:

A. (1) Defendant D indicated in the annexed Form No. 26, 27, 28, 29, 30, 31, 32.

Reasons

1. Basic facts

A. On December 14, 2001, the owners, etc. of 15 lots, including Plaintiff B and Defendant D (hereinafter collectively referred to as “Plaintiff B”) of the dispute between Plaintiff B and Defendant D (hereinafter collectively referred to as “Plaintiff B”) entered into a construction contract with Defendant D to the effect that 15 units of the entire house were newly constructed on each of the above lands, and 7 units and their sites were owned by Plaintiff B, while the remaining 8 units and their sites were owned by Plaintiff B, and that Defendant D would take ownership transfer in lieu of receiving the construction cost.

(2) On October 1, 2004, Defendant D filed a lawsuit against Plaintiff B as the cause of filing a claim for the completion of the construction in accordance with the said contract with Sungwon District Court Sung-nam Branch 2004Gahap5996, on April 19, 2005, under which conciliation was concluded between Plaintiff B and Defendant D, and the following details were included.

1. Defendant D: (a) - The Plaintiff B shall complete the procedures for the registration of ownership transfer on the ground of a payment arrangement on April 19, 2005 with respect to six houses of electric source, including the area of 413 square meters in G-si, G-si, and one 413 square meters in a single-story house and one 413 square meters in a single-story house on the ground, and the site thereof; and (b) Plaintiff B shall provide all the documents necessary for the registration of ownership transfer in the name of Defendant D with respect to the said 1128 square meters in a single-story house and two houses of electric source and two 128 square meters in a single-story house on the ground, and one 413 square meters in a single-story house on the ground.

3. Defendant D bears responsibility until June 19, 2005 with a certificate of completion inspection of septic tanks, certificate of completion inspection of gas, certificate of completion inspection of wells, and approval for use on the whole building (limited to a building that became a building permit) to the Plaintiff B.

6. The defendant D, when the plaintiff B obtained a building permit with respect to two houses for electric power supply on the above L and M ground (the structural construction was conducted without permission).