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(영문) 수원지방법원 여주지원 2018.05.31 2015가단20935
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On June 201, Plaintiff B filed a complaint against the Defendant on the charge of fraud with the purport that “The Defendant would jointly construct a bridge with the said Plaintiff in the vicinity of the Gyeonggi-gun F, and would make the Plaintiff bear the total cost of construction of a bridge by making false words, such as design cost, etc.” On October 17, 2011, the Prosecutor decided that the Defendant was innocent (Evidence of evidence).

B. As indicated in attached Table 1, a written confirmation of September 28, 201 (hereinafter “instant confirmation”) between the Plaintiff B and the Defendant is prepared.

C. On September 29, 2011, the Plaintiff and the Defendant drafted a letter of commitment performance as shown in the attached Form 2 (hereinafter “instant letter of commitment”). On the same day, the instant letter of commitment was written at the notary G office of a notary public G in the year 02703.

On September 30, 2011, I guaranteed in accordance with the letter of commitment to the instant agreement that the Plaintiff’s land H is liable for the cancellation of collateral mortgage and superficies until November 31, 201, if the land was not performed by November 31, 201.

E. On January 7, 2014, Plaintiff B obtained authorization of completion from the head of Bupyeong-gu Gun, after obtaining a permit for installation of L where the river runs across the Gyeonggi-gun J and two parcels.

F. The Defendant filed a complaint against the Plaintiff B on the charge of forging a private document, uttering of a falsified investigation document, and attempted fraud with respect to the instant written confirmation. On May 25, 2016, the prosecution rendered a disposition against the Plaintiff B on the charge of having committed an offense against the Plaintiff (defluence of evidence). The Defendant indicted the Defendant for an offense of Non-Dismissal (No. 2016Kadan1505) located in the Suwon District Court.

G. The Defendant was sentenced to imprisonment for 8 months in the first instance of the above Ansan-do not assistance case, but was sentenced to a verdict of innocence in the appellate court, and the above judgment of innocence was rendered on March 29, 2018.

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