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(영문) 수원지방법원 2015.05.08 2014나25877
집행문부여에 대한 이의의 소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit, such as transfer of land, against the Defendant and E in Suwon District Court Decision 2010dan9496, 9489 (Joint) and the following conciliation (hereinafter “instant conciliation”) was established in the case of Suwon District Court 201Na11518, which is the appellate court.

1. The defendant shall be the plaintiff.

A. Of the volume of eight square meters in the attached Form 19, 20, 21, 22, and 19, the portion of 5.9 square meters (hereinafter “the land”) caused by the occurrence of the incident on board, which was connected in sequence with each point of 19, 20, 21, 22, and 19, shall be delivered, and the amount of money calculated in proportion to KRW 1,50,000 per annum from August 1, 2008 to the delivery date of the above real estate shall be paid jointly with E;

B. It is confirmed that there is a passage right on the part 3.7 square meters in the place of the ship, which connects each point of 15, 16, 17, 18, and 15 of the annexed drawing among the area of 173.9 square meters in Ansan-gu Manyang-si G, Ansan-gu, Annyang-si, Annyang-si, with respect to the instant land.

C. Removal of reburials installed on the ground in the land under the instant case;

D. For the Plaintiff’s passage, the part 0.3 square meters in the ship connecting each point of the 6, 22, 23, and 6 table of the instant land and the attached drawings (hereinafter “the instant section”) should not interfere with the use of the instant land.

2. The plaintiff is the defendant,

A. For the Defendant’s passage, the lower land in this case, the instant subordinate land, and the land caused by the occurrence of the instant accident, which could not obstruct the use of the existing passage route (breadth 70 to 80 cm).

B. For the Defendant’s passage, the corrective devices installed on the front of the instant land are set up.

3. The Defendant shall pay to the Plaintiff the user fee of KRW 35,00 per month from October 1, 201 to the end of the use of the existing passage route among the land caused by the instant accident, and the user fee of KRW 35,00 per month from among the land caused by the instant accident.

4. Of the costs of lawsuit, the Plaintiff’s survey, appraisal, and on-site verification costs shall be paid KRW 500,000 to the Plaintiff by October 14, 201, and the remainder of the costs of lawsuit and the costs of mediation shall be considered respectively.

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