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(영문) 인천지방법원 2019.03.26 2018나61041
시설물철거 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. Facts of recognition;

A. The Plaintiff, Defendant, H, I, J, and K sales contract (Evidence No. 5) entered the purchaser as “O stock company” and the representative director thereof as K. However, since the co-owners entered the certificate (Evidence No. 3) on the acquisition of co-ownership shares, etc. thereafter, the actual purchaser is deemed to be K. As the actual purchaser purchased KRW 17,944 square meters from L from November 6, 2007. On June 2, 2008, the Plaintiff purchased KRW 2,700,000,000 square meters from L to 2,70,000,000 square meters from Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, the number and area of which were divided into KRW 5,223 square meters from Jun. 3, 2008. On the same day, the registration conversion was made with the land category changed to 5,200 square meters of forest land E, and on November 7, 2012.

(hereinafter referred to as the “instant factory site” with the area of 5,200 square meters in the above Kimpo-si.

1) The ownership transfer registration was completed in the name of H on July 22, 2008 with respect to the land for the factory in this case, and the remaining land in Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si (hereinafter “instant land”).

On the same day, the registration of ownership transfer was completed in the name of the Plaintiff. 2) On November 24, 2011, the Defendant, between the Plaintiff, H, I, J, K, and K, to bear KRW 968,65,358 of the loans owed to N in the Company, and to acquire the co-ownership of the remaining co-owners, such as the Plaintiff, etc. regarding the land for factory in the instant case.

In addition, the Defendant decided to acquire the H-owned shares of KRW 257,973,33 paid individually as the price of the land for the instant case in lieu of the obligation to be borne by the other co-owners, such as the said Plaintiff, etc.

3) Around 2015, the Plaintiff acquired co-ownership shares of I, J, and K on the instant land. Each internal co-ownership relationship with respect to the instant land is the Plaintiff’s share 8,480.68/12,721 shares, and the Defendant’s share 4,240.32/12,721 shares. C. Defendant’s new construction of a factory building and lease contract 1) on the instant land for factory on December 5, 201.

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