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(영문) 대전지방법원천안지원 2013.06.21 2012가합5868
방해배제 등
Text

1. The Defendant shall draw up to the respective Plaintiff, 24,009,000 won, and from May 1, 2013, the attached Form No. 1,910 square meters, Nam-gu, Dong-gu, Dong-gu, Seoul.

Reasons

1. The facts below the underlying facts may be acknowledged, either in dispute between the parties, or in full view of Gap evidence 1 to 5, Eul evidence 1-1 and 2, E’s testimony, witness E’s testimony, part of witness F testimony, the result of the examination and appraisal by appraiser G, and the whole purport of the arguments.

On April 4, 1967, Nonparty H acquired the ownership of 2,892 square meters (hereinafter “land before subdivision”). On January 14, 1995, Nonparty H divided part of the land before subdivision into JJ 105 square meters and K 1,299 square meters on August 6, 1996. On March 10, 197, Nonparty H changed the remaining land category of the land remaining after subdivision into the site; on the same day, Nonparty H combined the land of 42 square meters on the same day.

(hereinafter referred to as the “instant land”). (B) The D pursuant to paragraph (1) of this Article, which remains after the division or merger, is 1,910 square meters.

However, H made the ownership of the instant land as a site ownership on March 10, 1997, and completed the registration of reinforced concrete building, Pyeongtaekbrid roof, five-story neighborhood living facilities, and apartment houses on the instant land, and sold it to Nonparty E and M on February 13, 2004, and sold it to Nonparty E and M on the same year.

3. The registration of ownership transfer was completed on May 4, 201, and E and M sell it to the Plaintiff again on May 4, 2012.

6. 15. The registration of ownership transfer was completed.

C. Meanwhile, on the other hand, on December 1, 1997, H sold to Nonparty F the land in the Dong-gu, Dong-gu, Dong-gu, Dong-gu, Seoul (hereinafter “First Land”) that was divided from the land before the division to Nonparty F for the same month.

5. The registration of ownership transfer was completed, and F sold this again to Defendant B on July 27, 201, and completed the registration of ownership transfer on January 12, 2012. The Defendant, on March 7, 2012, newly constructed a reinforced concrete structure slab roof building on the same land and completed the registration of ownership transfer.

In addition, F.C. on December 30, 2010.

The N-228 square meters (hereinafter referred to as "second land") in south-gu, Dong-gu, Dong-gu, Seoul (hereinafter referred to as "the second land") adjacent to the land indicated in the port is from the Republic of Korea.

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