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(영문) 수원지방법원 2017.04.07 2016가합74893

건물등철거

Text

1. The Defendant (Counterclaim) building on the ground of 40 square meters of land for a factory in Suwon-gu, Suwon-si among buildings listed in the attached Table.

Reasons

1. Basic facts

A. The relation 1) The Plaintiff is the Plaintiff’s land for a factory in Yeongdeungpo-gu, Suwon-si, Suwon-si (hereinafter “instant land 1”).

The Defendants owned the land and completed the registration of ownership transfer on March 31, 2016 with respect to the portion of 40 square meters (40 square meters in Young-gu, Suwon-gu) of the said land by dividing the said land in accordance with the result of the lawsuit as seen in the following subparagraph (e). Meanwhile, the Plaintiff is currently holding the Plaintiff’s ownership, and the Plaintiff is currently holding the three-story above ground and the building of 1st underground floor (hereinafter “instant building”).

(2) The Defendants owned the land of this case. (2) The Defendants owned the land of this case 1,779 square meters (hereinafter “instant land 2”) and F large 444 square meters (hereinafter “third land”). The Defendants owned the land of this case 4/5 shares, and Defendant B owned each of the 1/5 shares, respectively.

B. In order to arrange the boundary line of an irregular land in the process of promoting the construction of a new building on the instant land No. 2 and 3, the Defendants proposed that the Plaintiff would assist the Plaintiff in the construction design and construction permission procedures, and that part of the instant land owned by the Plaintiff and the Defendants would exchange part of the instant land No. 1 and the instant land No. 2 and 3 owned by the Defendants. On November 201, 2010, the Plaintiff consented to the Defendants’ use of the instant land No. 1 as a site for construction. Accordingly, the Defendants obtained a construction permit on the building to be newly constructed on the instant land No. 2 and 3, and thereafter, the Plaintiff and the Defendants adjusted the size, etc. of the land to be exchanged on July 28, 2011 to the extent that the Plaintiff mutually consented to the construction of the instant land No. 139 square meters, and the Defendants agreed to each of the instant land No. 2 and the instant land No. 358, May 3, 2015.

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