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(영문) 의정부지방법원 2019.01.15 2018가단112178
소유권확인
Text

1. On October 5, 2018, the Plaintiff (Counterclaim Defendant) paid KRW 40 million to the Defendant (Counterclaim Plaintiff) C and the Plaintiff’s counterclaim from January 5, 2018 to January 15, 2019.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 10, 2001, the Plaintiff completed the registration of transfer of ownership in the Plaintiff’s sole name as to E field 2,919 square meters in Namyang-si, Namyang-si on January 22, 2002.

At the time of the above sale, the Plaintiff and Defendant C agreed to own and share shares of the above land 2/3 and shares of 1/3 of the above land, respectively, and Defendant C paid KRW 40 million to the Plaintiff with the purchase price of the above land.

(Evidence A 3, B, or 3, 4). (b)

On May 19, 2003, E was divided into 31 square meters E, F 16 square meters, D 2,572 square meters (hereinafter “instant land”).

C. Defendant B obtained permission for sale of the instant land in the procedure for the compulsory auction of G Government District Court G Real Estate (hereinafter “instant auction procedure”) and completed the registration of ownership transfer on July 18, 2016, and completed the registration of ownership transfer on July 21, 2016.

(B) Each of the buildings described below was excluded from the above auction objects. On the other hand, E, E, E, 31 square meters divided from E’s land before division, F, 16 square meters, and G real estate G, which was sold to a third party at that time, according to the procedures for compulsory auction by the Government District Court G. D.

On the ground of this case, a boiler room is installed in the part of 48 square meters inside the ship, which connects each point of 13 square meters in the part of 13 square meters in a ship connected in sequence with the point of 9, 10, 11, 12, and 9 of the attached Form No. 9, 2, 3, 4, 5, 6, and 1 of the attached Form No. 1, 48 square meters in the attached Form No. 1, 3, 7, 8, 4, and 3 of the attached Form No. 3, 3, 7, 8, 4, and 3 (hereinafter collectively each of the above buildings referred to as "each of the above buildings", and each of the above buildings is unregistered.

Defendant C paid KRW 25,420,000 to the Plaintiff with the cost of expanding and reconstructing the above wooden housing around August 2005 to September 9, 2005.

E. Defendant B: (a) the District Court 2016Gadan129820 against the Plaintiff, the land transfer of this case to the Plaintiff.

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