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(영문) 서울중앙지방법원 2017.03.17 2016가합538245
토지대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who operated a lodging business with the trade name called “Dmoel” on the Seocho-gu Seoul Metropolitan Government 330.5 square meters and its ground, and the Defendant is a person who operated a lodging business with the trade name called “Gmoel” on the above Dmoel site, Seoul E, Seoul, 88.3 square meters, F large 454 square meters and its ground.

B. 1) The Seocho-gu Seoul Metropolitan Government Seoul Metropolitan Government Dabu 330.5 square meters acquired the ownership of H on September 2, 1980, and H newly constructed the Domoel and completed registration of the preservation of ownership on May 12, 1983 regarding the Domoel (hereinafter “Seoul Seocho-gu Damo 330.5 square meters and above-ground buildings”), and the registration of the preservation of ownership was completed on May 12, 1983 (hereinafter “Dmoel and its site”).

2) On April 3, 1984, I and J acquired ownership of the land in Seocho-gu Seoul, Seocho-gu, Seoul, 88.3 square meters, and F 454 square meters.

C. 1) After the construction of the Domotoel, there was a dispute as to whether the Domoto has invadedd 454 square meters of the Seoul Seocho-gu Seoul Seocho-gu FF. However, on December 30, 1996, it was found that the Domoto has been 15.2 square meters of the Seoul Seocho-gu FF. 2) as a result of the survey of the current status of the land of the Korea Cadastral Survey Corporation on December 30, 1996, I, and J sold to H on June 9, 197, three square meters of the part in which the Domoto has invaded (hereinafter referred to as the “instant part”), and “Unless I reconstructed a building, I would not raise an objection to the boundary offense, and I would otherwise sell the land to Hmoto to 30,500 square meters, and I would otherwise sell the land to H. 50,000,000 won.”

1) On October 16, 2002, the Plaintiff entered into a sales contract with H and DMoel and its site, and with respect to the instant part of the land. The Plaintiff acquired ownership on October 16, 2002 with respect to DMoel and its site, and on October 16, 2002, with respect to the land for Dmoto and its site, the Plaintiff acquired ownership on November 16, 2002.

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