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1. Part of the lawsuit of this case that prohibits acts of interference, part of the claim prohibiting acts of disposal, and duty of prohibiting acts of disposal, etc.
Reasons
1. Basic facts
가. 피고는 2002. 9. 28. 당시 용인시 처인구 C 전 1,488㎡(이하 ‘이 사건 제1토지’라 한다)를 피고와 공유하고 있던 원고의 망부(亡父) F(피고의 지분 476/1610, F의 지분 1134/1610)에게 아래와 같은 내용의 확인서를 작성하고 공증인가 용인법무법인 등부 2002년 제3311호로 이를 공증하여 주었다
(2) Around December 27, 1999, the Defendant filed a provisional injunction against the disposal of the said shares with the Suwon District Court 99Kadan44247, which is the final confirmation of the instant certification. Around December 27, 1999, the Defendant purchased the shares of 92/2743m2 from the Defendant’s wife G forest G 27,443m2 and paid the sales amount in full. The Defendant filed a provisional injunction against the disposal of the said shares under the Suwon District Court 99Kadan4247, which did not intend to revoke the registration of ownership transfer, on December 27, 199.
under the condition that the cancellation shall:
- - As to F-ownership shares of land No. 1 of this case
1. Ensuring access roads;
2. Obtaining permission to convert as a housing site; and
3. Priority shall be given in dividing boundaries and selecting locations;
4. The above expenses shall be borne by the principal and reimbursed by March 31, 2003.
In the event of default, KRW 100 million shall be paid.
B. On September 28, 2002, on the day when the certification certificate of this case was prepared, the above F filed an application with Suwon District Court for the cancellation of the provisional disposition prohibiting real estate disposal. The defendant did not perform his/her duty under the certification certificate of this case even until May 2, 2012, and as F's heir, the plaintiff filed an application for the cancellation of provisional disposition prohibiting real estate disposal. On September 26, 2012, the plaintiff filed a lawsuit against the defendant for the execution of the procedure for registration of ownership transfer, road construction, and payment of KRW 100,000,000,000,000 from the land of this case on September 26, 2012.