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(영문) 청주지방법원 2020.05.07 2019나11693

건물철거 등

Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On October 29, 2001, the ownership transfer registration was completed in the name of H, which is the Plaintiff’s fraudulent act. On March 24, 2003, it was divided into F 660 square meters prior to F and 3,025 square meters prior to F. < Amended by Act No. 6685, Mar. 24, 2003>

F Prior to F, the F’s 660 square meters of land category changed on April 8, 2004 (hereinafter “first land”) and the F’s 660 square meters of land was divided into G 1,136 square meters of land (hereinafter “second land”) from G 3,025 square meters before June 9, 2014.

B. On February 23, 2011, the Plaintiff constructed the instant housing in the name of the Plaintiff as to the instant housing in the name of the Plaintiff on February 23, 2011.

C. On February 21, 2011, the Plaintiff agreed to sell all superficies on the instant housing, etc. and the instant housing is unregistered, and thus, the Plaintiff entered into a sales contract with Defendant B to make the registration of ownership transfer to Defendant B after the registration of ownership transfer in the name of the Plaintiff (hereinafter “instant sales contract”). On March 3, 2011, the Plaintiff received the purchase price from Defendant B and delivered the instant housing, etc. to Defendant B, and completed the registration of ownership transfer in the name of Defendant B on March 2, 2011 on the ground of sale on March 2, 2011.

On February 28, 2011, the Plaintiff confirmed that the land No. 1 and land No. 1 are owned by the Plaintiff, but the fact that the land is owned by the Plaintiff, and that the Plaintiff leased each of the above land to Defendant B by designating it as one half of the annual rental fee, and paid each year by calculating the price in kind according to the price fluctuation. The Plaintiff thereafter received payment by calculating it as the price in kind according to the price fluctuation.