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(영문) 수원지방법원 2019.05.02 2018나78312

각서금

Text

1. The appeal is dismissed.

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

Purport of claim and appeal

judgment of the first instance.

Reasons

1. The plaintiff, his father, and 11,549.7 square meters and 2 lots of land owned by the non-party C (hereinafter “the instant land”), as shown in the attached Form, operated agriculture by installing a plastic house 11, 2, 2, 1, 1, 1, 1, and 2 agricultural telegraph poles (hereinafter “the instant facilities”), as shown in the attached Form.

(2) On November 6, 2014, the Defendant purchased the instant land for farming purposes and completed the registration of ownership transfer in the name of Suwon District Court E and F voluntarily auction procedures.

(3) On April 8, 2015, the original and the Defendant removed the remainder of the ground except for the vinyls 1 through 6 and 3, from among the instant facilities by April 2015, 2015, as indicated in the separate drawings, from among the instant facilities, by April 20, 2015. < Amended by Presidential Decree No. 27174, Apr. 10, 2015; Presidential Decree No. 20758, Apr. 2016; Presidential Decree No. 20357, Apr. 20, 2016; Presidential Decree No. 20687, Apr. 2, 2015; Presidential Decree No. 20687, Apr. 20, 2015; Presidential Decree No. 20687, Apr. 2, 2016; Presidential Decree No. 20687, Apr. 2, 2016>

(4) On April 10, 2015, the Plaintiff paid down payment KRW 10 million to the Plaintiff on the premise that the removal would naturally be made by April 20, 2015. However, notwithstanding the date of payment for each of the above subscription price, the Plaintiff recognized the fact that the removal should be completed, but the Defendant’s obligation to pay the remainder of KRW 10 million arises).

(5) The present condition of the removal of the instant facilities is as listed below.

It is the object of removal of the warehouse for low temperature storage, which is not the object of removal of the warehouse that is not the object of removal from 1 to 6.