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(영문) 춘천지방법원속초지원 2020.01.10 2019가단1161
소유권이전등기 등
Text

1. The Defendant shall, in turn, turn out to the Plaintiff each point of the attached Form 3, 4, 14, 13, and 3, among the area of 182 square meters in Gyeyang Yangyang-gun, Gangwon-gun, the Plaintiff.

Reasons

1. Basic facts

A. On September 27, 2011, the Plaintiff completed the registration of ownership transfer with respect to the 575 square meters of Gangseoyang-gun Dri (hereinafter “Dri”) E forest land.

B. On November 6, 2008, the Defendant completed the registration of ownership transfer with respect to C large scale of 182 square meters adjacent to the above land.

C. The Plaintiff filed a lawsuit against the Defendant seeking removal of a building owned by the Defendant, 575 square meters of a forest E, as the Seocho District Court 2012Gadan3274, and on April 10, 2013, the said court rendered a judgment on the following: “The Defendant removed the Plaintiff the 18 square meters of the roof of a wood assembly type board in line with each of the items indicated in the attached Form E (1) No. 4, 5, 14, 13, 12, 12, and 4 of the land table No. 2, 3, 11, 10, and 2 of the same drawings on the part of “BB” connected to the Defendant.

Around that time, the above judgment became final and conclusive.

On July 31, 2013, the Plaintiff intended to remove and execute the said final and conclusive judgment upon obtaining the order of authorization from the Seocho District Court’s territorial branchF, but, on April 29, 2016, concluded an agreement with the Defendant on the following (hereinafter “instant agreement”) and did not result in the actual execution.

1. The Defendant transferred to the Plaintiff approximately KRW 25 square meters (to be determined by a land survey) in the part on the ship (A) connected with each of the items in the attached Form No. 1, 2, 3, 4, and 1 among the 182 square meters in Category C, and the Plaintiff was a part of KRW 771 square meters in G large scale E-71 square meters in the land of KRW 575 square meters in the land of KRW 775 square meters in the land of KRW 573 square meters in 2015 after the registration conversion and land category change were completed.

Of the attached drawings (2) indication 1, 2, 3, 4 and 1, approximately 25 square meters inboard (b) which are successively connected to each point of Annex 1, 2, 3, 4 and 1 shall be transferred to the defendant.

2. The above agreement is to fix the area that is consistent with the fence by surveying so that the defendant's house can be used without any defects and to exchange it in the same horizontal way.

3. The costs of survey are divided into two parts, one of which is the plaintiff, and the other one is the defendant.

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