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(영문) 수원지방법원 성남지원 2018.06.19 2017가합405817

매매대금

Text

1. The Defendant shall be 144.3 square meters of reinforced concrete structure of the fourth floor from among the real estate indicated in the attached list from the Plaintiff.

Reasons

1. Basic facts

A. 1) Construction of the instant building and its current status 1) Gwangju City D large 506 square meters (hereinafter “instant land”).

) On the attached list, the buildings listed in the attached list (hereinafter “instant building”).

2) The building of this case consists of nine sections for exclusive use (No. 1 E through F, No. 2 G, H, No. 3, I, J, 4 C), and common use (No. 1). The building of this case has not been registered until recently, and registration of preservation of ownership in the name of K was completed on September 11, 2017 upon request for provisional attachment registration.

3) The Plaintiff continued to reside in the instant building from around 1997, on which the instant building was completed, and currently resides in the fourth floor C of the instant building (the building’s content is a reinforced concrete structure with a size of 144.33 square meters, and the registration of preservation of ownership was completed as described in the said paragraph 2).

4) From the time of completion of the instant building, L, a mother of the Plaintiff, entered into a lease agreement on each unit of the instant building as a lessor, and from around 2001, the Plaintiff directly entered into a lease agreement as a lessor. B. The Plaintiff acquired the Plaintiff’s land ownership (i) the owner of the instant land at the time of the construction permit and completion of the instant building, and the building owner stated in the application for the building permit and the permit were K. The building owner stated in the instant building permit were also the building owner.

2) The instant land was awarded a successful bid to M in the process of voluntary auction in around 1998, and around 1999, N, the Plaintiff’s father, purchased the instant land in the Plaintiff’s name. Thereafter, the Plaintiff acquired N’s transfer of the instant land from N and completed the registration of ownership transfer on February 22, 2002. (C) The Defendant’s acquisition of the instant land ownership from the Plaintiff filed a lawsuit for refund of deposit against the Plaintiff as head of Suwon District Court Branch Branching 2013No42723 against the Plaintiff on March 13, 2014.