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(영문) 의정부지방법원 2016.08.30 2016가단7609

공탁금출급권자 확인의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is entitled to the ownership and possession of a land and a building on its ground. 1) The Plaintiff is entitled to the ownership and possession of a parcel of land 3,729 square meters (hereinafter referred to as “land before partition”).

(C) On July 20, 1998, the land at issue was owned with C’s 1,070 square meters of land for factory (hereinafter “C’s land after division”).

(D) 2,659 square meters prior to the division (hereinafter “D land prior to the division”).

) The land was partitioned as a unit, and the land before the subdivision was again D on May 4, 2002, D large scale of 858 square meters, E-road of 66 square meters, and 1,735 square meters before F (hereinafter “instant land”).

(2) On December 10, 2012, the instant land was divided into KRW 79 square meters and KRW 1,656 square meters prior to G on December 10, 2012. (2) In around 1994, the Plaintiff newly constructed a block string string string 180 square meters, a block string string string string string string 200 square meters, a block string string string string string 200 square meters, a block string string string string 200 square meters, a block string string string string string 200 square meters, and leased each of the instant factories to H in 196 at KRW 15,00,000, a deposit for each factory and KRW 1,200,000.

3) In around 1994, the Plaintiff newly constructed a block structure 180 square meters factory, a block structure 144 square meters factory, a block structure string roof 144 square meters, a block structure string roof office 36 square meters on the ground among the lands before partition (C after the previous partition). In 1996, H leased each of the above factories to H in 15,000,000, a rent monthly rent of KRW 120,000,000 on the instant land with the consent of the Plaintiff around 1998, H agreed to newly construct the above building with the agreement between the Plaintiff and the Plaintiff to use the above building as a gift 45 square meters.

(2) On February 1, 200, H purchased land C and its ground factory buildings after the division from the Plaintiff on February 1, 200, and thereafter thereafter, H purchased the land and its ground building from the Plaintiff.