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(영문) 창원지방법원 마산지원 2018.12.19 2018가단101058

소유권말소등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. C’s dispute, etc. 1) On August 10, 2017, 2017, C’s housing among the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”); land among them is “the instant land”; and “the instant housing” among the real estate listed in the separate sheet owned by the Plaintiff.

(2) On September 3, 2017, the Defendant and the Defendant concluded a lease agreement on the said part of the land as KRW 24 months and KRW 10,000,000 on September 3, 2017, recognizing that the instant real estate was sold after the Plaintiff’s second absence on the following occasions, and that the land owned by the Defendant was partially affected by the E-Yancheon-gu, the Changwon-si, the Changwon-si, the land owned by the Defendant.

B. 1) On August 17, 2017, the Plaintiff served a copy of the complaint in the instant lawsuit as described in Paragraph (a)-1 of the same Article, and subsequently served with the Defendant, who was aware of the response plan as ordinary neighbors. The two parties, as part of the measure, sold the instant real estate to the Defendant, but agreed on the method of leasing the instant house from the Defendant so that the Plaintiff may continue to reside in the instant house even after the sale.

2) Accordingly, on September 1, 2017, the Plaintiff and the Defendant entered into a contract under which the Plaintiff sells the instant real estate in the purchase price of KRW 48 million to the Defendant (hereinafter “instant contract”).

(2) In addition, the Defendant’s contract to lease the instant house to the Plaintiff with the term of lease 2 years and the deposit 48 million won (hereinafter “instant lease contract”).

B. The Defendant concluded the instant housing on the same day, and on August 2, 2019, the term of the deposit amounting to 48 million won and the Plaintiff.