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(영문) 수원지방법원 2016.06.10 2015나35215

사해행위취소 등

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. D around 1985, the instant building, which was unregistered and unauthorized, was constructed on the land of the instant forest.

The plaintiff purchased the forest land of this case on September 8, 2006 and completed the registration of ownership transfer on October 31, 2006.

B. On December 28, 2006, the Plaintiff received a provisional disposition against D on the prohibition of possession or transfer of real estate in relation to the building of this case from Suwon District Court Decision 2006Kadan17881, and around January 2007, the Plaintiff filed a lawsuit seeking removal, etc. of the building of this case with Suwon District Court Decision 2007Kadan1834, and the voluntary adjustment between the Plaintiff and D on August 30, 2007 during the course of the lawsuit (hereinafter “voluntary adjustment of this case”).

1. By August 30, 2009:

A. D ordered the Plaintiff to order the instant building.

B. The Plaintiff shall pay D KRW 20 million as director expenses.

C. After August 30, 2009, the Plaintiff ordered the instant building from D, the ownership of the said building shall belong to the Plaintiff.

2. If D, before August 30, 2009, intends to order the Plaintiff to simultaneously implement the instant building, the Plaintiff shall pay 20 million won to the Defendant as the director’s expense.

3. If the Plaintiff did not pay the above amount to the Defendant even after receiving the order from D, the damages for delay calculated at the rate of 20% per annum from the day following the day of surrendering the unpaid amount to the day of complete payment.

4. Where the addresses of both parties are changed before August 30, 2009, both parties shall notify the other party of the change of the address, and disadvantage due to the failure to give notification shall be borne by the person liable for notification.

5. When D wishes to instruct the Plaintiff before August 30, 2009, it shall notify the Plaintiff in advance 15 days prior to the order of the Plaintiff.

6. The plaintiff shall not claim or receive from D the amount equivalent to the rent during the period from August 30, 2009 with respect to D.

7. The building of this case was named after the date of surrender.