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(영문) 의정부지방법원 2017.11.24 2015가단37214
소유권이전등기
Text

1. The plaintiff's primary claim against the defendant B is dismissed.

2. Defendant B is indicated in attached Table 2 to the Plaintiff.

Reasons

1. Basic facts

A. On February 28, 2011, Defendant B: (a) purchased 2938 square meters from Nonparty D in Pyeongtaek-gun, Gyeonggi-do E, 496 square meters in total; (b) KRW 704 square meters in total; and (c) KRW 563,285,250 in total, 4278 square meters in G forest, and completed the registration of ownership transfer; (b) On July 21, 2011, Defendant B divided the said land into KRW 704 square meters in total H 47 square meters in order to use the said land as a site for electric source housing (the real estate indicated in paragraph (1) of the attached Table).

3) In addition, Defendant B shall have the area of 4278 square meters in the above G G forest as an I forest and 549 square meters (hereinafter “instant land”).

2) As to the land adjacent to the instant case, J-forest 592 square meters and K-forest 528 square meters (hereinafter “instant adjacent land”).

(2) The real estate indicated in attached Table No. 2, and hereinafter referred to as “the surrounding land of this case”) shall be no less than 460 square meters of L forest land.

B. On August 24, 2011, Defendant B divided the instant land into KRW 74,700,000 for the purchase price of the instant land to Defendant C, and on the same day, Nonparty B sold the said J forest land to Nonparty C for KRW 80,550,000 for the purchase price of KRW 592 square meters for the instant neighboring land, and on August 23, 2011, Nonparty N sold the said K forest land of KRW 528 square meters for the instant neighboring land to Nonparty N for KRW 72,00,000 for the purchase price and completed the registration of transfer of ownership.

2) In addition, around September 201, Defendant B consented to the use of the instant road scheduled site as a road when Defendant C newly constructed a house on the instant land. 3) On the other hand, on November 23, 2011, Defendant B designated each real estate listed in the separate sheet as a road in relation to the construction of a new house on the said I forest land. On May 2, 2014, Defendant B designated each real estate listed in the separate sheet as a road in relation to the construction of a new building on the land of the said FF,O, P, Q, etc.

C. After the Plaintiff’s acquisition of land ownership, Defendant C contracted to R on June 6, 2013 the construction of the new construction of the second floor detached house on the instant land in KRW 198,000,000. The said new construction was underway on November 1, 2013, where the said new construction was underway.

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