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(영문) 수원지방법원 2016.01.12 2015가단119037
공사방해배제청구의 소
Text

1. The Defendants shall draw up a map in attached Form, which is located in the center (three meters out of a width of six meters) of 413 square meters in the amount of 413 square meters prior to Young-gu, Young-gu D.

Reasons

1. Basic facts

A. On October 14, 2005, the Plaintiff’s husband E entered into a sales contract (hereinafter “the instant sales contract”) with Defendant B, the wife of Defendant C, with respect to the share of 82.645/413 of the instant land, with respect to the 300 square meters out of 5,269 square meters (the name of the administrative district was changed to Young-gu G on October 31, 2005; hereinafter “F land before division”) of the total amount of 5,269 square meters in Gyeonggi-gun, Gyeonggi-gun, which is the wife of Defendant C, as follows. The Plaintiff acquired the Plaintiff’s status under the instant sales contract by agreement with E and the Defendants.

3. The price of land transaction shall be three hundred million won (one million won per square), and one hundred million won as the down payment at the time of an agreement shall be paid as the head of a Tong in Defendant B.

4. The balance 200 million won shall be settled and paid on December 28, 2005 at the time when a certificate of seal imprint is delivered with Defendant B and the original owner, and the Defendant B shall deliver transfer documents to Defendant B.

5. Defendant B shall transfer from the original owner the registration of the shares of 300 square meters to E within 60 days after the completion of the registration.

8. Defendant B shall secure access roads within a limit of 300 square meters of land E in common shares.

11. Defendant C, a joint and several surety, is responsible for identifying all the provisions agreed upon by Defendant B.

(2) On April 18, 2006, F land prior to the division was divided into 687 square meters prior to H, 987 square meters prior to H, 1,659 square meters prior to H, 413 square meters prior to J, 1,523 square meters prior to J, and the 1,659 square meters prior to I was divided into 89 square meters prior to I on June 11, 2008 and 760 square meters prior to K. The Plaintiff completed the registration of transfer of ownership with respect to the 987 square meters prior to H (hereinafter “H land”).

(3) The Plaintiff filed a lawsuit against the Defendants for the performance of the procedure for the registration of ownership transfer against the Defendants’ share of 82.645/413 square meters (hereinafter “instant land”) out of 413 square meters (hereinafter “instant land”) located in Suwon District Court, Suwon District Court Decision 2013dan163, 2014Kadan117 (Counterclaim). On May 21, 2014, the said court filed a lawsuit against the Defendants for the performance of the procedure for the registration of ownership transfer.

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