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(영문) 수원지방법원안산지원 2015.01.29 2013가단38176
건물철거 등
Text

1. The defendant shall be the plaintiff.

(a) Attached Form 2, 3, 4, 5, 6, and 2 of Annex 1 on the ground of the real estate listed in Annex 1 List.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the arguments and appraisal by the Korea Intellectual Property Corporation's branch, the entries in Gap evidence 2-2 and 3, Gap evidence 5-1 to 6, and the video, and the purport of the entire arguments, as a result of the survey and appraisal by the Korea Intellectual Property Corporation's Ansan-si branch:

(1) The defendant completed the registration of ownership transfer on November 24, 1995 with respect to the real estate listed in attached Table 1 List No. 1 (hereinafter "real estate No. 1 of this case"). The defendant's words "C" completed the registration of ownership transfer on July 19, 199 with respect to shares of 1/2 of the real estate No. 1 of this case.

⑵ 피고는 이 사건 제1부동산 지상건물인 경량철골조 함석지붕 단층 자동차관련시설(부속상) 1층 104㎡, 지하 20㎡(별지2 도면 표시 ㈎부분)에 관하여 1995. 11. 24. 소유권이전등기를 마쳤고, 피고의 언니 C은 1/2지분에 관하여 1999. 7. 19. 소유권이전등기를 마쳤다.

Consolidatedly, the Defendant completed the registration of ownership transfer on May 17, 1996 regarding the real estate listed in [Attachment 1] List 2 (hereinafter “Attachment 2”).

B. (i) On September 201, the Plaintiff filed a lawsuit against the Defendant regarding the Defendant’s share of 1/2 shares among the instant 1 real estate, its ground building, and the instant 2 real estate on August 18, 201, seeking the implementation of the procedure for the registration of ownership transfer on the ground of a payment in substitutes agreement, and was rendered a favorable judgment on July 26, 2012.

(Y) The Defendant appealed against the above judgment, and on February 14, 2013, the appellate court paid KRW 700 million to the Plaintiff; KRW 500 million up to June 30, 2013; and KRW 500 million up to December 31, 2013; and if the Defendant gains the above time limit on one occasion, the Defendant shall, instead of paying the said money, make a payment agreement on August 18, 201 with respect to the Defendant’s 1/2 shares among the instant real estate 1, the above ground buildings, and the instant 2 real estate.

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