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(영문) 청주지방법원 2014.08.14 2013가단24559
토지인도 등
Text

1. The defendant shall be the plaintiff.

(a) Class 1 neighborhood living facilities with the first floor above the ground level C, the steel framed structure, and other roof, Chungcheongbuk-gun;

Reasons

1. Basic facts

A. On October 21, 1999, D, Plaintiff (former name E), F, and G inherited 1/4 shares of H 1,370 square meters of H forest and 1,353 square meters of I forest and 1,353 square meters of land in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do. On September 25, 2006, the ownership transfer registration was completed on September 25, 2006.

F donated his share to G on September 22, 2006 in relation to the above two parcels of forest land, and completed the share transfer registration on September 25, 2006, thereby sharing the forest land D, the Plaintiff shared the forest land with shares of 1/4, and 2/4.

(hereinafter referred to as the above three co-owners in common. B.

On January 12, 2009, F entered into the instant construction contract with J Co., Ltd. (Seoul K Co., Ltd.; hereinafter “Nonindicted Co., Ltd.”); “F entered into the instant construction contract with the Nonparty Co., Ltd. with the effect that “The construction cost for the three new construction of the first floor of the prefabricated-type panel building on the ground of the said two parcels of forest land shall be KRW 150 million, but KRW 121 million among them shall be paid as a substitute part of the said forest and field.”

C. On May 7, 2009, the said two lots of forest land was combined with H 2,723 square meters. On June 2, 2009, the said two lots of forest land was divided into 612 square meters of H forest land, 612 square meters of L forest land, 612 square meters of C forest land, 612 square meters of M forest land, and 612 square meters of N forest land, and 275 square meters of 275 square meters of land (hereinafter referred to as “each of the instant land”). At the time of the conclusion of the instant construction contract, F and the non-party company agreed that “The said land of this case is referred to as “G Ha, the said land of this case,” and the said land of this case was owned by the Defendant, the representative director of the company of the non-party company, and the said land of this case, as owned by the non-party company and owned by the non-party company as a road jointly.”

According to the above agreement, co-owners agreed that each G,O, F, and the defendant as above (hereinafter collectively referred to as "owners") have agreed to use the land in relation to the forest that the above four persons agreed to own, and the owner of the land has agreed to grant the consent on April 20, 2009 respectively.

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