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(영문) 수원지방법원여주지원 2019.06.27 2018가단6442
가등기말소(사해행위취소)
Text

1. The request for intervention by an independent party intervenor shall be rejected;

2. The plaintiff's main claim is dismissed.

3. Of the costs of lawsuit.

Reasons

1. Basic facts

A. On November 6, 2014, the Defendant completed the instant provisional registration on the ground of the promise to trade (hereinafter “instant promise to trade”) made on November 6, 2014, from Suwon District Court, No. 48260, which was received at the Yangyang-gun, Gyeonggi-do, the Intervenor’s ownership, on November 6, 2014. The instant land was divided into the instant land Nos. 1 and 2 on October 2, 2015.

B. The Intervenor filed a lawsuit against the Plaintiff regarding the claim for removal of stables with Suwon District Court Branch Branching 2014Kadan12128, and the Intervenor and the Plaintiff constituted a voluntary conciliation (hereinafter “instant conciliation”) with the following content on April 15, 2015.

prescribed provisions

1. The Plaintiff (the Intervenor in this case; hereinafter the same shall apply) shall transfer to the Defendant (the Plaintiff in this case; hereinafter the same shall apply) ownership of 60 square meters of Gyeonggi-gun D.

2. The Defendant divided the portion of a road, the width of which is three meters based on the No. 5 of the annexed drawing No. 1, among the 105 square meters of a G road in Gyeonggi-gu G road, and then transferred the ownership of the portion of a road with three meters of the divided width to the Plaintiff.

3. The Defendant shall, upon receiving the ownership of 60 square meters in Gyeonggi-gun D, the Plaintiff transferred the ownership from the Plaintiff, and thereafter, shall accept the portion included in the current status, such as the indication of the attached drawing No. 2, among the 1,264 square meters in Gyeonggi-gun D, Yangyang-gun and the 1,264 square meters in Gyeonggi-do.

4. The Defendant shall divide the remaining land into three meters in width as prescribed in the above paragraph (2) from among the land size of 105 square meters in Gyeonggi-gu G road, Gyeonggi-do, and transfer the ownership to the Plaintiff before changing the land category of the remaining land.

5. The Plaintiff is obliged to bear the cost of removal of a stable installed on the ground of 105 square meters in Gyeonggi-gun G road and the cost of dividing the road as prescribed in the foregoing paragraph (2).

6. In addition to the instant case, the Plaintiff and the Defendant: Suwon District Court No. 2015Na12403; Suwon District Court No. 2014Kadan1507; Suwon District Court No. 11507; Suwon District Court No. 2020, Suwon District Court.

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