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(영문) 청주지방법원 2018.06.21 2016가단13284
소유권이전등기 및 손해배상
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, as the owner of the land D in Cheongju-si, operates the Sejong World Cup production factory with her husband E, and the Defendants owned 45,824m2 adjacent to the above land.

B. On March 27, 2015, the Plaintiff and the Defendants entered into a sales contract of KRW 68 million with respect to land of KRW 1322 square meters adjacent to the Plaintiff’s owned land (hereinafter “the instant forest land”) among the said forest land owned by the Defendants, and the Defendants provided documents related to the establishment of a factory and the authorization and permission, and entered into a special agreement for the registration of transfer after obtaining the approval.

C. Around June 2015, the Plaintiff filed an application with the Cheongju City Urban Planning Committee for permission to build an additional factory in the instant forest and field, and the conditional resolution was made by the Cheongju Urban Planning Committee around July 2015.

(Conditions : ① presenting a review data on the stability of retaining wall structure, ② preparing an additional thoth, and then confirming the Urban Planning Committee).

On September 2015, the Plaintiff revised the existing plant retaining wall plan to alter it to a sar-type retaining wall by revising the existing plant retaining wall plan, and additionally submitted a cross-section map related to construction requested by the Committee to obtain approval of the Plaintiff’s business plan for the processing and storage of marine plants on or around March 2016, and received a factory building permit on the land of the instant forest.

E. On June 8, 2016, the instant forest was divided into the I forest divided in sequence from G forest, and thereafter, the Plaintiff completed the ownership transfer registration on August 26, 2016.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 4 (including each number; hereinafter the same shall apply), Eul 1 and 2

2. The plaintiff's assertion

A. As to the construction of the partition boundary between the forest of this case and the land owned by the Defendants, the Plaintiff and the Defendant set the partition boundary at a height of 2 meters from the floor of the Plaintiff’s factory, and treat the lower two meters by amnesty, and the Defendant owning the upper part by 2 meters away from the boundary line.

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