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(영문) 광주지방법원 2016.11.30 2015가단31587
토지인도 등
Text

1. The Defendants are to the Plaintiff:

가. 광주 서구 G 대 4,093㎡ 중 별지 감정도 표시 ㄱ, ㄴ, ㄷ, ㄷ¹, ㄹ¹,...

Reasons

1. Facts of recognition;

A. The Plaintiff is a church located in the relevant ground building, which is the owner of the 4,093 square meters of Seo-gu, Seo-gu, Gwangju (hereinafter “the Plaintiff’s real estate”).

Defendant C and D are married, and Defendant F are their spouses, and Defendant C and Defendant F are located. The H Miscellaneous land 425 square meters located on the west boundary of the Plaintiff’s real estate of this case are owned by Defendant D, I miscellaneous land 749 square meters by Defendant C, and Defendant C, D, and F are operated by Defendant E, a workplace skill development training foundation, located on one’s land, such as the above H and I (hereinafter “Defendant school”).

B. On September 200, the Plaintiff and Defendant D entered into an exchange contract on approximately 1300 JJ (the change to 4,302 square meters in Seo-gu, Seo-gu due to the change of administrative jurisdiction) and approximately 700 square meters in Gwangju-gu, Seo-gu, Gwangju-gu (the change to 1382 square meters in Seo-gu, Seo-gu, Gwangju-gu due to the change of administrative jurisdiction) owned by the Plaintiff, and the above K entered into an exchange contract on May 9, 200, and the above M as the name of the Defendant school (the transfer to Defendant C), and on June 26, 2001, each registration of ownership transfer was made in the name of the Plaintiff on June 26, 201.

C. On May 2001, the Defendant’s side newly constructed a building on the ground, including the above K, and operated a specialized driving school and driving school. On March 14, 2001, the Defendant’s school leased the Plaintiff’s 1174 square meters (which divided the Plaintiff into 425 square meters in the Seo-gu, Gwangju, Seo-gu and 749 square meters in the form of a division and administrative district change; hereinafter collectively referred to as “instant Defendant’s real estate”) for a period of 10 years, annual rent of KRW 1,00,000,000.

After September 24, 2002, Defendant D purchased the instant Defendant’s real estate in KRW 355 million and completed the registration of ownership transfer on December 16, 2005.

(I) The transfer registration of ownership has been made again in Defendant C).

On the other hand, Defendant D, the head of the Plaintiff church, paid KRW 170 million to the Plaintiff around 1997 as the contribution to the purchase of the Plaintiff church site and KRW 200 million as the contribution to the construction of the church around 2003 (the contribution in the name of Defendant C, D, F andO).

(e) the defendant.

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