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(영문) 대전고등법원(청주) 2020.06.03 2019나3593
소유권확인
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if the evidence submitted to the court of first instance is added to the evidence

Therefore, the reasoning of the judgment of this court is the same as the reasoning of the judgment of the court of first instance, except where the decision was made by either the following or the defendant added the conjunctive claim at the appellate court, and thus, it is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. 고쳐 쓰거나 추가하는 부분 2쪽 하3행부터 3쪽 11행까지의 “1. 기초사실”을 아래 『』와 같이 고쳐 쓴다.

1. Basic facts

A. The Plaintiff is a person engaged in landscaping planting and landscaping tree business, etc. with the trade name of H from Y in YY in YY, and Defendant B, C, and D are real estate listed in attached Table 1 (hereinafter “instant land”).

1. Co-owners of land in paragraphs B7/11 (Co-ownership ratio), Defendant C, and Defendant E are co-owners of land in this case 7.

Defendant F Co., Ltd. is a corporation established for the purpose of community participation and social exchange assistance projects, etc., and Defendant Bocheon-si is a local government that implemented the J Development Project (hereinafter “instant project”).

B. In order to proceed with the instant project, Defendant B, C, and D on December 12, 2018, and the instant case

1.B and Defendant B entered into a sales contract setting forth the contract amount of KRW 1,032,401,810 with respect to the land and the land and the building on the ground owned by Defendant B, and prepared a written agreement on the acquisition of public land. On the same day, Defendant B and Defendant B entered into a contract as an agent on the obstacles owned by Defendant E, in addition to the obstacles owned by the principal.

The contract amount is 420,051,640 won for the land of this case and the obstacles on the ground, such as Incheon L.

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