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(영문) 의정부지방법원 2017.07.19 2017나201645

소유물방해제거 및 손해배상

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1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On September 3, 1992, the Plaintiff with respect to the ownership of the instant land completed the registration of ownership transfer with respect to the land of 302 square meters (hereinafter “instant land”). On November 26, 2015, according to completing the registration of ownership transfer with respect to the instant land of 9/302 shares among the instant land, the Plaintiff currently owns 203/302 shares out of the instant land.

B. The Defendant’s process of acquiring the Plaintiff’s land ownership 1) The deceased E, the Plaintiff’s husband, drafted a sales contract with the F on December 20, 1996, to sell land as follows (hereinafter “the instant sales contract”).

2) Land subject to sale: Gocheon-si G, H, I, and J purchase price of 274 square meters: KRW 137 million for the first intermediate payment of KRW 60 million for the first intermediate payment of KRW 60 million on December 20, 1996; KRW 20 million for the second intermediate payment of KRW 47 million on February 25, 1997; the remainder of KRW 47 million for each payment under a special agreement at the completion of construction completion of the construction completion of the construction completion of the construction of each bridge, private road asphalt packing, groundwater development, sewage pipes, water supply pipes; KRW 20 million for the first intermediate payment of KRW 10 million for the first sale contract of this case; KRW 37 million for the second intermediate payment of KRW 30 million for the second intermediate payment of KRW 97 million; KRW 700,000,000 for the last payment of KRW 300,000,000 for the last payment of KRW 370,96.

3) On June 1, 1998, the Plaintiff: (a) to F on June 1, 1998, the Plaintiff: K 706 square meters and L 201 square meters and 201 square meters (the above two parcels of land are “the instant related land”; and (b) to F.

2) The instant secondary sales contract was prepared with the content that the sales contract is to be sold by specifying the subject matter of the sale (hereinafter “the instant secondary sales contract”).

4) On June 12, 1998, F completed the registration of ownership transfer based on the second sale contract of this case as of June 1, 1998.

5 The defendant shall make registration of preservation of ownership on October 25, 2006, and on November 15, 2006, on the building on the ground related to the land of this case.