logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.08.19 2019나74799
토지 및 건물인도 청구의 소
Text

The judgment of the first instance court is modified as follows. A.

The defendant is attached to the plaintiff A, the 1 Gyeonggi-gun H 300.4m2.

Reasons

1. Facts of recognition;

A. On March 14, 2012, Plaintiff B entered into a contract with the Defendant to purchase the amount of KRW 589 million (hereinafter “instant contract”) of KRW 2290,000,000,000 owned by the Defendant (hereinafter “instant land”). The specific details on the method of payment, etc. of the instant contract are as indicated in the attached Form “the content of the sales contract.”

B. The Defendant obtained a building permit and a permit to divert farmland from the head of Gyeyang-gu in relation to the instant land, and the Plaintiff B, in the manner of directly constructing the instant land or giving a contract to E, indicated in the annexed drawing ① or 7-based house construction work on the ground. Accordingly, on each of the above parts, seven-ve houses with the roof and walls of reinforced concrete structure, such as the annexed drawing indication, were built (hereinafter “each building on the instant land”).

C. On May 14, 2015, upon the application of the FF association, the mortgagee of the instant land, the lower court rendered a voluntary decision to commence the auction of the instant land by having been rendered by having been branch court of Suwon District Court, and Plaintiff A received a successful bid and completed the registration of ownership transfer on September 1, 2016 in the voluntary auction procedure.

The Defendant occupied the instant land and carried out the remainder of each building on the instant land, and upon which the Plaintiff filed an application against the Defendant for the suspension of construction with the Suwon District Court Branch Decision 2018Kahap26, which decided on November 29, 2018 that “No construction of a new building on the instant land shall be allowed.”

E. On February 18, 2019, Plaintiff A filed a lawsuit against the head of Suwon-gu District Court 2018Guhap969, and was sentenced by the above court on February 18, 2019 to the effect that “Yyeong-gu Gun shall revoke the return of the application for revocation of permission on farmland diversion filed by the Plaintiff on September 27, 2017,” and the head of Yangyang-gu Gun shall be revoked.

arrow