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(영문) 의정부지방법원 2016.01.19 2014가단14986
소유권이전등기 등
Text

1. From December 5, 2014 to January 19, 2016, the Plaintiff (Counterclaim Defendant) filed against the Defendant (Counterclaim Plaintiff) KRW 214,715 and its related amount.

Reasons

1. Basic facts

A. The Plaintiff is running a manufacturing business of general steel products with the trade name of “F” within 3,141 square meters of land E, Macheon-si, where the Plaintiff and D share 1/2 shares, respectively.

B. The Defendant, while carrying on the business of manufacturing plastic machinery, etc. with the trade name “H” in Nam-si, Namyang-si, intended to transfer the land to 3,204 square meters of land for Category C (hereinafter “second-party land”) that is adjacent to land 1 and the location of the business place is adjacent to land (hereinafter “second-party land”), completed the registration of ownership transfer based on sale and purchase on the second land on February 22, 2010, and obtained the approval of new construction of a factory and its use on the second land on December 2, 2010.

C. Meanwhile, the land Nos. 1 and 2 is the land that was divided into the land of 6,181 square meters of land E forest in Macheon-si, Mapo-si, where the first-class association was originally owned (However, the land No. 1 was divided from the above Gu forest, and the J factory site was combined with 164 square meters). In order to enter the land of 2 as a contribution from the above division, land No. 1 must pass

The location, status, etc. of the land and its surrounding land shall be as shown in the drawings (attached Form 2).

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 4, 5, 6, 12, 13, Eul evidence Nos. 1, 2, 4, 5

(2) Each entry, the inquiry result of this Court's inquiry into the market, the purport of the whole pleadings

2. As to the main claim

A. On February 17, 2010, the part concerning the claim for ownership transfer registration based on the agreement made by the Plaintiff on February 17, 2010, the Defendant agreed to exchange the part concerning the ship between the Plaintiff and the Defendant’s second land (the part concerning the ship connecting each point of the attached Form 1, 2, 3, 4, and 1 and the part concerning 125 square meters of the same drawing among the Plaintiff’s land and the part concerning the ship connected each point of 5,6, 7, 8, and 5 of the same drawing among the land in the Plaintiff’s first land, in order to have access to his/her second land as a contribution. Thus, the Defendant concluded that the Plaintiff exchange the above agreement with the Plaintiff on February 17, 2010.

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