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(영문) 창원지방법원 2020.11.12 2019나56941

건물명도 등

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. A. Around December 10, 2014, the Plaintiff determined and publicly notified an urban management plan for E construction; and around March 19, 2015, the Plaintiff determined and publicly notified an urban management plan that included a change of the road width of 8 meters to 8 to 13 meters.

B. The status of the Defendant’s land ownership is as listed below, and the location is as listed in attached Table 1.

(A) No. 5 and a location map 3). On May 18, 2015, 2015, the Fri-si, the C & 207 square meters (hereinafter “pre-divisioned land”) for C & 107 square meters (hereinafter “instant land”) for G road of 10 square meters per 107 square meters, G road of 10 square meters per 112 square meters per 5 square meters per 108 square meters per 108 square meters per 108 square meters per 108 square meters per 17 square meters per 108 square meters per m.

C. On January 2016, the Plaintiff concluded a sales contract for the instant land and obstacles to be incorporated into the Defendant and E Corporation as stated in the attached Form 2 “sales Contract” and the attached “detailed statement of compensation for losses.”

(hereinafter “instant sales contract”), Gap evidence 3-2, Gap evidence 6-1, d.

Around that time, the Plaintiff paid 64,057,900 won (i.e., KRW 10,650,000 obstacles to the instant land) to the Defendant, which is the full amount of the purchase price under the instant sales contract, and completed the registration of ownership transfer on January 12, 2016 for the instant land based on consultation on the same day’s land.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 4 and 6 (including branch numbers), the purpose of the whole pleadings

2. Judgment on the ground of the Plaintiff’s claim

A. As long as the formation of a disposal document is recognized as authentic, the court must recognize the existence and content of the declaration of intent in accordance with the language and text stated in the disposal document, unless there is any clear and acceptable reflective evidence that denies the contents of the statement.

(See Supreme Court Decision 2017Da235647 Decided July 12, 2018). B.

According to the above facts, the plaintiff is first of the obstacles among the "detailed report on compensation for losses" in the attached Form 2 of attached hereto 97.5m2 for the defendant and Sacheon-si C and D's block structure on both ground.