(영문) 서울서부지방법원 2018.06.01 2017가단225315

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(영문) 서울서부지방법원 2018.06.01 2017가단225315

유익비

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Of the land of this case, the portion of the attached Form 1, 2, 3, 4, and 1, among the land of this case owned by Eunpyeong-gu Seoul Metropolitan Government (hereinafter “Ddong”) 4,294 square meters of forest land (hereinafter “Ddong”), the portion of the attached Form 5, 6, 7, 8, 9, 10, 11, 12, and 5 square meters of the land of this case and the attached Form 5, 7, 8, 9, 10, 10, 12, and 13, 14, 15, 16, 17, 18, 20, 221, 223, 24, 254 square meters of the land of this case and the land of this case, which are connected in order to each of the above points were newly constructed in sequence with the land of this case, and the part of the cement building was sold to 13, 14, 17, 18, 235 square meters of the land.

5. Other special agreements.

(b) The management of this article shall be managed by J from the payment of the intermediate payment to the payment of the balance, and the responsibility for management shall be borne by all persons (Plaintiffs and K).

(c) Urban gas works, house repairs, and access road works shall be installed at the expense of the purchaser, on the real estate concerned before the remainder, and the purchaser shall be held liable for all acts arising from all kinds of works;

B. On September 24, 2012, J, the husband of the Plaintiff, concluded, on behalf of the Plaintiff and K, a sales contract to purchase the instant land, etc. on behalf of the Plaintiff and C, and a sales contract to purchase the instant unauthorized building between I and I, respectively. The terms and conditions of each of the above sales contract include the following:

(hereinafter referred to as the “instant special agreement”). C.

However, around July 17, 2013, each of the above sales contracts was terminated due to reasons attributable to the plaintiff, K and J.

Since then, the Defendant purchased the instant unauthorized building from I and acquired the right as a de facto owner of the instant unauthorized building.

In addition, the Defendant purchased the instant land from L around July 4, 2017 with L, and on July 4, 2017.

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