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(영문) 광주지방법원 2015.06.17 2014나52823
소유권말소등기
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 first instance court.

Reasons

1. Basic facts

A. As to the instant land, registration of ownership preservation was completed on February 18, 2009, the entry in the purport of the claim was recorded.

B. B on July 9, 1986, with respect to the period of use of 5,265,000 square meters and 5,000 square meters of Yandong-gun, Yandong-gun, Yandong-gun, Yandong-gun, Yandong-gun, and Yandong-gun, Yandong-gun, Yannam-gun, on April 1, 1986 to April 30, 191; the purpose of use is determined as a wire business; and the purpose of use is determined as a type of excursion ship business; and the period of use is 60 square meters of Y and 5,866 square meters of Y-gun, Yandong-gun, Yandong-gun, Yandong-gun; and the purpose of use is determined as a parking lot vice governor from May 1, 198 to December 31, 191.

C. The instant land is part of the site for which B obtained permission for use with respect to the instant excursion ship business, such as the said parking lot site.

The plaintiff entered into a sales contract with B on August 23, 1991 with the following terms and conditions, and until October 8, 1992, the plaintiff paid 425 million won to B the purchase price set forth in the above sales contract.

1. The excursion ship business and HY resting area (G) business in the Youngsan National Tourist Site located in the Masan-si, Samsan-si, Samsan-si, B, shall be transferred to the Plaintiff.

(including parking lot facilities)

2. All facilities, vessels, etc. currently used for G and excursion ship business shall be delivered to the Plaintiff in its original form.

E. As above, the Plaintiff acquired the H’s business right, etc. on March 25, 1992 entered into a contract to extend the service period of the above B by December 31, 1992 on several occasions, such as extending the service period of the above B by December 31, 1992. The area of the parking lot site, access road, and ticket of the parking lot is 1,500 square meters among the land subject to each use contract (the site, access road, and ticket of the parking lot) on July 25, 2002 (from January 1, 2002 to December 31, 2005) and December 23, 2005 (the use period: from January 1, 2006 to December 31, 2008).

F. The plaintiff is now present.

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