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(영문) 대구지방법원 2016.09.09 2014가합205557

토지사용권 확인

Text

1. The Defendant grants permission to the Plaintiff B to construct a building on the ground of 658 square meters in Cheongdo-gun, Cheongdo-gun, Cheongdo-gun, Cheongdo-do.

Reasons

1. Facts of recognition;

A. The relevant Plaintiff A is the father of Plaintiff B and the wife of G, and H is the husband of the Defendant.

B. A sales contract between the plaintiff and the defendant (1) around April 30, 2007, G representing the plaintiff B entered into a sales contract with the defendant, and the plaintiff B entered into a sales contract with the defendant to purchase D land from the defendant. The defendant completed the registration of transfer of ownership on the above land around October 17, 2008.

A real estate sales contract for the above land (No. 2-1) is written in total of KRW 30 million with the purchase price, KRW 10 million with the filled-up of land, KRW 10 million with road usage fees, KRW 10 million with the cost of partition survey, KRW 10 million with the cost of partition survey, KRW 20 million with the retaining wall, retaining wall, road packing, and other expenses, including KRW 20 million with the purchase price.

(2) On November 19, 2007, G representing Plaintiff A entered into a sales contract with Plaintiff A to purchase land under title trust with Plaintiff A, while Plaintiff A’s land F from Plaintiff A is the actual owner of land under title trust with Plaintiff I. The Defendant completed the registration of ownership transfer for the said land around November 3, 2008.

The purchase price of KRW 90,000,000 as stated in the real estate sales contract (No. 2-2) on the above land includes road usage fees and civil engineering expenses.

(3) Meanwhile, as between October 30, 2007 and J, G appears to be owned by the Defendant as well as the land above 615 square meters in Cheong-do, Cheong-do, Chungcheongnam-do. The sales contract to purchase the land was concluded by J, and J completed the registration of ownership transfer in G around October 17, 2008 with respect to the land above.

C. The current status of the plaintiffs' land and surrounding areas of the defendant's land (1) is the land that is transferred to the south direction between the plaintiffs' land, L land, and river (MM) as shown in the attached cadastral map 1.

(2) The river above has a bridge as shown in the cadastral map 2, and the status of the plaintiffs' land and the defendant's land is as shown in the attached Table 5.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 6 (including each number), and