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(영문) 수원지방법원 2018.01.18 2016가단541211
채무부존재확인 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. 1) The land of this case is the land of this case, which is located in the wife population C, 71,939 square meters (hereinafter “instant land”).

2) As to the ground of appeal No. 456 square meters prior to D (hereinafter “instant land No. 2”)

(3) The Plaintiff is the Plaintiff, and the Plaintiff is the Plaintiff, and the Plaintiff is the Plaintiff.

3) On the ground of the instant land and three lots of land, other than the instant land Nos. 1 and 2, are owned by Samyang L&DD. (hereinafter referred to as “logistics center”).

2) On February 12, 2014, the Plaintiff completed the registration of ownership transfer on the instant land Nos. 1 and 2 and completed the report of commencement on February 12, 2014, and completed the civil engineering work on the land Nos. 1 and 2. 2) on June 8, 2015, Samyang LALD completed the registration of ownership transfer on the instant land Nos. 1 and 2, and transferred each of the instant land to the Plaintiff at that time, and changed the name of the owner of the instant logistics center.

Accordingly, the plaintiff started the new construction work of the logistics center around that time.

3) On June 8, 2015, the Plaintiff is a Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) (hereinafter “Korea Asset Trust”).

(B) As to the instant land Nos. 1 and 2, the registration of ownership transfer was completed on June 8, 2015, based on the trust. B. Defendant A is the land adjacent to the instant land Nos. 1 and 2, and the land No. 666 square meters prior to the wife E (hereinafter “instant third land”).

Defendant B is the owner of the instant land, and Defendant B is the owner of the instant land 4,773 square meters (hereinafter “instant land”) of F forest land with the wife population in Young-si adjacent to the instant land.

) is a person who resides in a building on the ground. [The fact that there is no dispute over the ground for recognition, the entry of Gap evidence 2-1, 2, 3-6, and the purport of the whole pleadings.]

2. Determination as to the claim against Defendant A

A. On June 8, 2015, the part concerning the Plaintiff’s claim for consent was 1) at the time when the Plaintiff received the instant land Nos. 1 and 2 from Samyang L&D, the Samyang L&D had already established a majority of the 3rd land utilization support units (a number of lusia and Earth Ancor) for the ground-breaking work on the ground of the instant land owned by the Defendant, and the Roghian.

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