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(영문) 광주지방법원 2016.01.20 2014가단521830
토지인도
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged in full view of Gap evidence Nos. 1, 5, 9, Gap evidence Nos. 2, 4, 6, and 8-1, 2, 7-1, 2, 3, Eul evidence Nos. 1, 2, and 5, the result of the appraisal entrustment to the Korea Land Information Corporation, and the purport of all pleadings:

On August 25, 2009, the Plaintiff sold each of the lands listed in [Attachment 1] Paragraph (1) (hereinafter “instant land”) to the Defendant at KRW 30,00,000,00, and KRW 70,000,00 for the land listed in [Attachment 2] Paragraph (2) of [Attachment 2] (hereinafter “instant land”; hereinafter “each of the instant lands” in combination with the instant land No. 1”); and paid KRW 20,00,000,000 in total (hereinafter “sale of each of the instant lands”); and on the same day, the Plaintiff received payment from the Defendant of KRW 20,00,000 in total of the down payment of each of the purchase price of each of the instant lands.

B. At the time of the instant purchase and sale, there was a road of about 3 meters and 50 meters in length, which had been used by village residents for about 40 years. Of the instant land No. 2, there was an unauthorized building owned by a third party on the part (a) of the ship (hereinafter “unauthorized building portion”), which connects each point of the following, in sequence 1, 2, 3, 3, 4, 5, 5, 6, 7, 1, among the instant land No. 2.

Accordingly, the plaintiff and the defendant have prepared an agreement with respect to the above sales contract on the same day as follows:

After surveying the land No. 1 of this case, the Plaintiff is going to construct roads and perform the work of flating neighboring and bamboo trees.

After surveying the land No. 2, the Plaintiff: (a) divided about 25 square meters after surveying the land No. 2; and (b) transferred the amount of the said KRW 70,000,000 out of the purchase price of the said land to the Defendant.

Of the purchase price of the instant land KRW 30,000,000, the total amount of the road after measuring the portion of the road shall be settled and returned to the Defendant.

Of the instant purchase price of KRW 100,000,000, the Plaintiff shall make a survey and then convert the amount into that.

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