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(영문) 대전지방법원천안지원 2013.08.13 2013가합37
청구이의
Text

1. Compulsory execution based on the payment order issued by the Daejeon District Court Branch Branch 201j2471 against the plaintiff of the defendant 4,800.

Reasons

Basic Facts

On June 26, 2000, the Plaintiff sold 600 square meters among the 25,410 square meters of land C in Yong-gu, Chungcheongnam-gu (hereinafter “instant land”) to the Defendant at KRW 40,000,000, but the contract deposit and intermediate payment of KRW 20,000,000 shall be paid on the day of the contract, and the remainder of KRW 20,00,000 shall be paid on the day when the Defendant becomes reasonable, and the registration of ownership transfer as to the said part shall be completed. The Plaintiff entered into a sales contract with the Defendant for the purpose of securing access roads to the said part of land within a width of 3 meters which can enter the said part of land in contribution.

The Plaintiff received KRW 20,000,000 from the Defendant on the day of the contract as down payment and intermediate payment.

After that, the Defendant constructed a temple on the ground of 93.42 square meters among the land purchased by the Plaintiff after additionally purchasing 150 square meters among the instant land from the Plaintiff (after being divided into the above C and the present lot number is D), and the Plaintiff opened an access road with a width of 3 meters which can enter the said temple from the public service.

From June 1, 2001, the Defendant operated the inspection, and around August 20, 2001, in order to supply water to the inspection, the Defendant installed a well and a gathering facility (hereinafter “mail”) using KRW 5,000,000 on the side of the road at the location where the access road to the Defendant inspection begins, and as follows:

A septic tank (hereinafter referred to as “sanctation tank”) was installed on the side of an access road adjacent to the water complex of the port.

From April 2009, the Plaintiff performed the construction work to develop the electric power resource housing complex for the instant land. However, the Plaintiff removed the Defendant’s wells and removed the said wells by making a new access road to the extent of 6 meters wide.

On July 13, 2011, the Defendant filed a claim against the Plaintiff for a payment order claiming payment of KRW 212,900,000 and damages for delay, which are damages incurred by the Plaintiff’s wells and septic tanks damaged by the Defendant’s water and septic tanks, and the Defendant filed a claim against the Defendant for payment order on July 14, 201. The Plaintiff’s “Plaintiff on July 14, 2011” is KRW 212,90,000 with the Defendant.

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