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(영문) 춘천지방법원원주지원 2016.01.21 2015가단1177
용역비
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 land of this case (hereinafter “instant land”) and 785 square meters in D miscellaneous land (hereinafter “D”) are land owned by E, the father of the Defendant, who is the father of the Plaintiff.

E on July 24, 1997, the instant land was concluded with F, the Plaintiff’s wife, and the instant land D, respectively, with the Plaintiff.

E on March 29, 2002, donated the instant land C and the instant land D to the Defendant, and the Defendant succeeded to the lessor’s status under the said lease agreement.

B. On October 197, 1997, the Plaintiff obtained permission to divert farmland from the original state market for the instant land (exclusive purpose: the construction of the car center) and on November 1, 1999, obtained permission to divert farmland from the original state market for the instant land.

(Purpose of exclusive use: Creation of a site for general warehouses and offices).

F) On the ground of this case, F newly constructed a building listed in attached Table 2 on the land of this case, and completed the registration of ownership preservation on December 6, 200. The Plaintiff newly constructed a building listed in attached Table 1 on the ground of this case, and completed the registration of ownership preservation by constructing a building listed in attached Table 1 on the ground of this case.

From July 1, 1998, the Plaintiff and F, from the point of view of the Plaintiff and F, operate the Automobile Maintenance Industry Center (C Center) on the instant D land and the instant C land.

On the other hand, on October 28, 1999, the Plaintiff obtained a loan of 831 square meters per annum from the State in the original city between the instant land and the instant land, and the said land also is used as the instant land and the instant land as the site of the automobile maintenance industry company.

E. The Defendant filed a lawsuit against the Plaintiff and F, seeking the removal of the instant building, etc. and delivery of the instant C land and D land, on the grounds that the Chuncheon District Court’s original branch case was 2007Gadan391.

On March 24, 2008, the conciliation was concluded between the defendant, the plaintiff, and the F.

Details of the mediation of the above case are as follows:

In the conciliation clause, “the Plaintiff” refers to the Defendant, and “the Defendant” refers to the Plaintiff and F.

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