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(영문) 청주지방법원 2016.07.20 2016가단102726
소유권이전등기말소청구 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Around December 6, 1989, the Plaintiff purchased and operated a wells on the E and F ground from G to the voice group of Chungcheongbuk-gun.

Since the site E and F was owned by Defendant B, the Plaintiff paid annual rent to the Plaintiff in return for the use of Defendant B’s land.

(No. 1, No. 2-1, No. 2-2) around January 6, 1991, the fire caused by electric shock, which led to the static of the fire.

(C) On October 21, 1991, Defendant B issued to the Plaintiff a written consent to land use.

(No. 3-2) On October 28, 1991, the Plaintiff obtained approval from the voice group on the removal from H to E and F of the emotional facilities.

(No. 4) With the bonus of village residents on 1992, this case was newly constructed after obtaining a building permit under Defendant B’s name.

(Evidence No. 9) around 2005, the Plaintiff entered into a lease agreement with I on part of the fixed gas of this case with I, and received KRW 300,000 per month from I.

(No. 7-2 and No. 12-1) around 2006, Defendant B sent to the Plaintiff a certificate of content to the effect that “A-2 and No. 12-1 are to operate the instant refining establishment under the name of the Defendant B for ten years,” and that “any defect in the existing oral rental contract was discovered in writing.” The Plaintiff sent to the Defendant B a certificate of content to the effect that “When construction was conducted under the name of the Defendant B as a result of debt, Defendant B was guilty at the low price of the instant refining, and the lease agreement should be concluded after the purchase and sale of the instant refining.”

(No. 14 and No. 6) On January 15, 2008, the registration of ownership transfer was made under the name of the Defendant B with respect to the Cheongju District Court’s Sound Registry No. 1612 on January 15, 2008. On the same day, on the ground of sale on December 15, 2007, the registration of ownership transfer was made under the receipt of No. 1613 on January 15, 2008 with respect to the Cheongju District Court’s Sound Registry No. 1612 on November 16, 2009.

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