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(영문) 서울북부지방법원 2016.04.28 2014가단13980 (1)

건물철거

Text

1. The defendant shall be the plaintiff.

(a) remove the buildings listed in Annex 2;

(b) Attached Schedule 1:

Reasons

1. Basic facts

A. As to the land indicated in paragraph (a) of the attached Table 1 of the attached Table 1 (hereinafter “instant land”), the Plaintiff

7. The owner who completed the registration of ownership transfer on October 24, 2013 with respect to the land listed in Section 1-B of the Attached List No. 1-B, and the Defendant newly constructed a building listed in Section 2 of the Attached List No. 1 (hereinafter “instant building”) on each land listed in the Attached List No. 1 and used each land listed in the Attached List No. 1 as the owner who completed the registration of ownership transfer on February 18, 2010.

B. On May 16, 2008, the Defendant agreed with C to newly construct a house on the land purchased by C from C and acquired the right of relocation from C. Since then, the Defendant entered into a sales contract with C to purchase the neighboring land by determining the price of KRW 1,864 square meters (the 303 square meters out of the 303 square meters was divided into the instant land on September 3, 2009) prior to the date of payment for the remainder payment, between C and C as of August 19, 2008.

3) Around June 5, 2008, G, the Defendant’s husband of the G, along with 5 persons including H, decided to purchase the land purchased by C and the Plaintiff by dividing it into one parcel, and decided on each purchase land, size, price, etc. The above G, etc. failed to perform the obligation to pay each balance under the above sale and purchase contract at once. Since the above G, six persons including the Defendant, etc. and the Plaintiff concluded a new sale and purchase contract on the above F land owned by the Plaintiff on August 9, 2008, the purchase and sale contract for the said F land was changed into 6 persons including the Defendant, etc., 1,297,00,000 won, and the remaining payment date was changed to September 5, 2008. Accordingly, the pertinent land was divided into 209,300,000 won (loan KRW 100,000,000,000 won) and 333 square meters of the E land (the size of 27 square meters was divided into the land listed in attached Form No. 13 B.

(4) Around September 2009, the Defendant purchased KRW 17,600,000. The attached Form 4 is between the Plaintiff and D.