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(영문) 서울북부지방법원 2018.10.16 2016가단140183
채무부존재확인
Text

1. Ownership and change of the form and quality of the real estate in the attached list of the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff).

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. The registration of ownership transfer is completed on July 3, 1979 with respect to each real estate listed in the separate sheet (the original forest, but it became the same as the present land due to division and registration conversion; hereinafter the same shall apply) in the name of the Plaintiff on July 3, 1979, with respect to the ownership transfer for 4650/470 shares (C's entire shares) in the name of the Plaintiff on June 15, 1994, and the ownership transfer registration is completed in the name of the Plaintiff on May 7, 1979 under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502) on June 15, 1994.

B. In around 198, the Defendant, with the Plaintiff’s consent to use, constructed a house on the land of 1,175 square meters of land converted from forest land by dividing a part of the land owned by the Plaintiff and converting it from forest land into land, and completed registration of preservation of ownership in the name of the Defendant on April 19, 199.

C. Since it is necessary for the Agency for Defense Development to acquire the instant land for the F Facility Construction Projects, the appraisal conducted around June 2016, totaling KRW 682,461,980 to the Plaintiff was calculated as compensation (in relation to G, the amount of KRW 187,404,00 was paid as compensation, but the remainder of the land was deposited as compensation on November 9, 2017, and the amount of KRW 495,05,057,980 was not agreed upon, and the Defendant, the owner of housing and obstacles, etc. was calculated as compensation amounting to KRW 140,000.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 4, Gap evidence 2-7, Gap evidence 8-1 and 2-2, the purport of the whole pleadings

2. The parties' assertion

A. The defendant's assertion that part of the land of this case owned by the plaintiff was changed from forest land to land form and construction of a road at the defendant's expense. However, the defendant only constructed a road with the plaintiff's consent as necessary and changed its form and quality.

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