logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원평택지원 2017.11.22 2017가단50148
토지
Text

1. The plaintiff B's conjunctive claim shall be dismissed.

2. Of the 1091 square meters in Pyeongtaek-si E-gi, entry in the annexed drawings 1,19,18,17,16,23.

Reasons

1. Basic facts

A. The first land before the instant partition was owned by Nonparty I and J, etc. on the ground of inheritance on December 4, 2009, where ten persons, including Nonparty I and J, acquired ownership on the ground of the division of land 50,281 square meters of Pyeongtaek-si G forest land (hereinafter “the first land before the instant partition”).

(2) On March 23, 2012, the first land before the instant partition was divided into G 40248 square meters of land G 40248 square meters (hereinafter “instant first partitioned land”) and Ma 1003 square meters of land owned by Nonparty K and L, and 103 square meters of land owned by Nonparty J. The ownership relationship with the first partitioned land still maintained nine co-ownership status, including Nonparty I except J.

(3) On July 31, 2012, the instant first partitioned land was again divided into G forest 35289 square meters (hereinafter “the instant second partitioned land”) and N forest 4959 square meters. The ownership relationship of the said two lands was maintained as it is by nine persons, including the said I.

(4) On August 29, 2016, N Forest 4959 square meters divided into N Forest 2314 square meters and F Forest 2645 square meters. The ownership of the said land also maintained nine co-ownership status, including I.

B. On March 14, 2012, Plaintiff B entered into a sales contract for the first land before the instant division and the process of obtaining approval for land use (1) with Nonparty O delegated by Nonparty 1, etc. on March 14, 2012, with a specific location and size of 4959 square meters of the first land before the instant division and purchased 400 million won for the purpose of constructing a new house (hereinafter “the instant first sales contract”). Plaintiff B paid 180 million won for down payment and intermediate payment to the saidO.

(2) At the time of the conclusion of the first sale contract of this case, the seller included the contents of “a special agreement” in which the seller prepared and delivered a civil engineering permit, building permit, and written consent to the use of land for division of land. In addition, Nonparty I also concluded a sales contract.

arrow