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(영문) 창원지방법원통영지원 2016.01.14 2014가단10051
토지사용승낙
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. On August 31, 1999, the Defendant completed the registration of ownership transfer as the receipt No. 24195 on August 31, 1999, with respect to the land of this case 2294 square meters (hereinafter “instant Defendant’s land”).

B. The Plaintiff completed the registration of ownership transfer as to the Plaintiff’s land of 2645 square meters prior to Dao-si (hereinafter “instant Plaintiff’s land”). The Plaintiff completed the registration of ownership transfer on September 10, 2009, No. 38729.

C. The Defendant’s mother, the Defendant’s mother, was operating the inspection of F in the instant Defendant’s land (as of December 10, 2014, according to the Plaintiff’s preparatory brief, the Plaintiff moved to the above) and the restoration work and packaging work of the road and ditch connected to the access road of the said inspection (the part connected to the instant road as seen below).

On November 17, 2009, the Defendant received KRW 24 million from G, which is the Plaintiff’s husband, (hereinafter “instant money”).

E. The Defendant’s mother, the Defendant’s mother, deposited and received at the joint road amount C on December 13, 2009, and November 17, 2009 (e.g., million won).

On December 13, 2009, the document stating FH-E (hereinafter “instant document”) was prepared and delivered to the Plaintiff.

F. Within the Defendant’s land of this case, the part (b) in the ship connecting each point of 36, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 19, 20, 21, 22, 57, 58, 59, 60, 61, 62, 63, 64, 65, 36, 38, 39, 40, 40, 41, 42, 43, and 444 square meters of the same drawings and the same drawings are connected in order to each point of 36, 47, 48, 49, 50, 52, 53, 55, 56, 21, 222, 57, 59, 58, 64, and 36.

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence 2-1, Gap evidence 2, Gap evidence 3 through 5, Gap evidence 7, and the Korea National Land Information Corporation in this Court.

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