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(영문) 전주지방법원 2016.07.15 2015가단15698
손해배상(기)
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On June 2006, Defendant G, the Plaintiff’s husband, Nonparty H and Nonparty G, the wife of the Plaintiff, and Defendant G, the wife of the Plaintiff, agreed to jointly purchase the Plaintiff’s share of 1/2,00 of the husband and wife, and the name of the owner is the Plaintiff. The Plaintiff agreed to have the Plaintiff as the Plaintiff.

B. On June 22, 2006, the Plaintiff entered into a contract with Nonparty L and M to purchase the instant land in KRW 143,260,000. The Plaintiff completed the registration of ownership transfer as the receipt of the all-round indictment of the Jeonju District Court on June 29, 2006.

C. Around August 2009, the Plaintiff acquired the shares of the network B and Defendant G with respect to the instant land, and the Plaintiff completed the registration of transfer of ownership on the ground of sale on August 20, 2009 with respect to the N land divided with a size of 104 square meters in K’s land as the former District Court No. 45761, Aug. 21, 2009, which received an all-round indictment on August 20, 2009.

The status of the O land actually used as a road from the public road to the land of this case, which is part of the status of the O land, is owned by Nonparty P and Defendant G, respectively.

E. On October 22, 2015, the deceased on October 22, 2015, and his heir is Defendant C, D, E, and F, the wife of the Defendant G and its children.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 3 and 11 (including paper numbers), and the purport of the whole pleading

2. Judgment on the ground of the Plaintiff’s claim

A. At the time of purchase of the instant land which is the cause of the Plaintiff’s claim, the Plaintiff tried to newly construct a penture on the instant land. In order to newly construct a penture, access roads are required. As to the instant land, which is the current status of the access road, Defendant G holds 1/2 shares, Defendant G’s purchase of the instant land at least twice the market price on the condition that it would allow the Plaintiff to receive a written consent for land use by the network B and Defendant G, and part of the network B and Defendant G’s designation among the instant land is divided to the network B and Defendant G.

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