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(영문) 수원지방법원안산지원 2016.04.22 2013가단15425
소유권이전등기 등
Text

1. Defendant B: (a) KRW 6,376,425 against the Plaintiff; and (b) KRW 2,732,753 against the Defendant C; and (c) KRW 1,821,835, respectively.

Reasons

1. Facts of recognition;

A. The land located in the area of 714 square meters (hereinafter “instant land”) in Ansan-si, Ansan-si was owned by the Korea Water Resources Corporation (formerly: Industrial Base Development Corporation). For a long time, unauthorized occupants engaged in the business, such as chemical origin, etc., and the flower complex was formed on the land of the said area.

B. Defendant B and H were operating the Republic of Korea in each of the instant land, namely, “I” and “J,” respectively. On July 2002, the Korea Water Resources Corporation notified Defendant B and H of the cancellation of unauthorized Possession of the instant land and the restoration of the said land to its original state as a preserved green belt.

C. Defendant B and H entered into a lease agreement with the Korea Water Resources Corporation on January 23, 2003, setting the lease period from January 23, 2003 to January 23, 2004.

Around that time, the Korea Water Resources Corporation established and implemented a plan to sell a parcel of land to people who occupy the above lot of land as a means of maintaining their livelihood because it is practically difficult to use the lot of land in question due to the creation of a flower complex on the lot of land in this case. Defendant B and H also requested the Korea Water Resources Corporation to sell the land in this case.

E. Meanwhile, the Plaintiff and the Plaintiff’s husband’s husband K operated the Plaintiff’s 132 square meters of G, 132 square meters adjacent to the instant land (hereinafter “L”). However, there was a dispute between Defendant B and H as to whether a part of the instant land was occupied and the subject of possession.

F. The Plaintiff and K asserted against the Korea Water Resources Corporation that their possession of part of the instant land, and filed a civil petition with the intent to challenge the sale of the instant land to Defendant B and H several times.

The instant land is leased with the Korea Water Resources Corporation.

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