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(영문) 창원지방법원통영지원 2016.06.15 2014가단8829
소유권말소등기
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff’s purchase of the instant land, etc. 1) The Plaintiff’s purchase of the instant land, etc. from D on December 26, 2000 to Eri-si (hereinafter “Eri-si”).

(2) On January 5, 2012, the following: (a) the land category was changed to a building site on April 23, 201; and (b) the area was 303 square meters as the area was divided from the above land on December 16, 201; and (c) on January 5, 2012, the “G large 144 square meters” was changed to a “large 447 square meters.”

As above, “instant land” in total refers to “C land” whose land category and area have been changed.

(2) The Plaintiff purchased a total of 12 parcels of land including KRW 15 million (the balance of KRW 13 million on the date of the contract, and the payment terms on February 1, 2001), and completed the registration of ownership transfer in the name of the Plaintiff on February 23, 201 with respect to the above parcels of land on February 12, 201. (2) On May 8, 2007, the Plaintiff purchased from H 2,70,000 square meters of I forest land for KRW 309 square meters, and completed the registration of ownership transfer in the name of the Plaintiff on July 9, 2007.

B. The Defendant’s new construction of the instant building 1) The Plaintiff’s written consent on July 15, 2009 to use the instant land, J and I’s land (hereinafter “written consent to use of the instant site”) to the Defendant on July 15, 2009 for the Defendant, who was a dong that seeks to construct a pentle to the land of this case.

(2) Accordingly, the Defendant started the pented Construction around July 2009 and obtained approval for the use of a building on March 31, 2010, and divided and registered as follows, according to the current status of the building on April 16, 2010.

On April 16, 2010, the nominal owner of land division I, approximately 309 square meters, and 218 square meters of K forest land 218 square meters on April 16, 2010, the Defendant, on May 25, 2010, on the following grounds: (a) on April 16, 2010, the Defendant: (b) two detached houses buildings on the instant land, J, and I’s land (hereinafter “instant building”); (c) on May 25, 2010, on the instant land, J, and I’s land.

Newly constructed B, registration of preservation of ownership has been made, and at present, accommodation business called "Mis" is carried out in the building of this case.

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