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(영문) 청주지방법원제천지원 2017.08.23 2016가단2822
건물명도 등
Text

1. The Defendants jointly do so to the Plaintiffs, and the land indicated in attached Table No. 1 and the building indicated in attached Table No. 2.

Reasons

1. Basic facts

A. The Plaintiffs are siblings E.

Defendant C is in a marital relationship with Defendant D by law.

Defendant C maintained de facto marital relationship from around 1980 to June 25, 2014.

Defendant D and E have been aware of the existence of each other.

B. On September 1, 2005, Defendant D received the registration of ownership transfer for sale on August 30, 2005 with respect to F forest land of 13,253 square meters (hereinafter “F land before division”).

C. On January 31, 1992, Defendant D brought a move-in report to “Y” (the lot number was corrected to “H” in the front and rear of the Gangseo-gun, and on September 7, 2005, Defendant D moved-in report to “I”.

On March 28, 2007, Defendant D filed a construction report on the construction of a new building in attached Table 2 (hereinafter “instant building”) on the F land before subdivision.

Defendant C received technical assistance, purchase of materials, lease of equipment, and human arrangement from the J, a construction business operator, and newly constructed the instant building from April 1, 2007 to June 30, 2007 by using the human body.

E. On October 1, 2007, Defendant D decided to sell 12,922/13,253 equity (3,909 square meters) out of F land before partitioning to D&D Co., Ltd. (hereinafter “D”) for KRW 350,00,000,000 among F land before partitioning.

(hereinafter “instant sales contract”). Paragraph (3) of the said special contract provides that “The said special contract may reside from the house constructed at the location of the land where the land is located to December 2008. The subsequent dwelling period shall be adjusted after consultation.” Paragraph (4) of the said special contract provides that “The said special contract shall be divided into four parcels and then transferred to the buyer.”

The term "" is written as "."

Defendant D received 10,000,000 won out of the down payment of 35,000,000 won from DNA on October 1, 2007, on the date of the contract, and the same month.

8. The remainder from DNA.

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