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(영문) 대구지방법원 2019.02.14 2017나315916
건물인도 등
Text

1. Of the judgments of the first instance court, the part against the defendant in the judgment shall be modified as follows:

The defendant shall set forth in attached Form 1 to the plaintiff.

Reasons

1. Basic facts

A. In around 2006, Yecheon-gun received a project plan for K from the villages in the Yacheon-gun and carried out a project to subsidize military expenses for three years in the selected villages, and Lacheon-gun was selected from the above project to the three-year period from 2007 to 2009, and promoted Ma project by receiving military expenses of KRW 600,000,000 in total for three years.

B. The purpose of the Plaintiff was to create a living-friendly village through increase in farm income and attracting tourists by making seven members of Lriri residents E, F, N,O, P, Q, and R to promote the foregoing business.

C. As part of the Gun expenses supported by the Ycheon-gun, the Plaintiff would operate a private house, etc. for the tourists who find a village by leaving the building on the land owned by E as part of the Gun expenses. The Plaintiff newly constructed each building indicated in the indication of the attached real estate (hereinafter “each building of this case,” and, when referring separately to each building, hereinafter “each building of this case”) and obtained approval for each use on January 28, 2008 and February 25, 2009.

As to the building No. 1 of this case, the registration of ownership preservation in the name of S (Representative E) was completed on March 16, 2009, and the registration of ownership transfer in the name of the plaintiff was completed on March 12, 2009 on March 16, 2009. For the building No. 2 of this case, the registration of ownership preservation in the name of the plaintiff was completed on March 16, 2009.

E. Although the Defendant was in a de facto marital relationship with E, the Plaintiff’s representative, the de facto marital relationship was terminated at the end of 2011.

On March 7, 2012, the Defendant filed a lawsuit against E to seek consolation money and a division of property on the ground of resolving de facto marital relationship (Seoul Family Court’s resident support 2012ddan211), and on July 29, 2013, the resident support of the Daegu Family Court rendered a judgment that “E shall pay as consolation money 20 million won to the Defendant, and KRW 100,000,000 as a division of property,” and the said judgment became final and conclusive on September 14, 2013.

F. The Plaintiff is engaged in the business of gambling and the sales of soil products in each of the instant buildings.

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