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(영문) 수원지방법원 2018.01.18 2017나4796
건물명도
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Facts of recognition;

A. The deceased D (hereinafter “the deceased”) purchased the instant forest land on April 1, 1989 and newly built the instant building on the forest land. As to the instant forest land without completing the registration of preservation of ownership thereof, on May 3, 1989, the registration of ownership transfer was completed under the name of Yongnam on May 3, 1989 with respect to the instant forest land.

B. On December 29, 2014, E entered into a sales contract with the Plaintiff with the content that E sells three buildings, including six parcels of land, including the instant forest land, and the instant building, to 1940 million won.

(The building of this case is also included in the sale subject matter at the time of the above sale contract).

According to the above sales contract, on December 31, 2014, the registration of ownership transfer was made in the name of the Plaintiff with respect to the forest land of this case, but the building of this case is unregistered until now, the defendant who is the son of the deceased.

As the inheritor of the deceased, the deceased’s spouse F and his children E, Defendant, G, and H are the deceased.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, and 27, the result of the measurement and appraisal commission to the chief of the Korea Land Information Corporation at the court of first instance, the purport of the whole pleadings

2. The primary cause and judgment

A. The cause of the primary claim E was donated from the Deceased in around 1989 the forest land and buildings of this case.

With respect to the development of the camping site near the forest of this case, the deceased, E, the Defendant, and I (the spouse of the Defendant), and G prepared an agreement stating that part of the forest of this case shall be the access road to camping site, and the rest shall be donated to the Defendant.

However, the agreement between the plaintiff, the defendant, and E on the size and location of the access road under the above agreement was not reached, and the above agreement was eventually rescinded upon the declaration of intention to cancel the agreement.

After the rescission of the above agreement, the Plaintiff purchased the forest land and buildings of this case from E.

Therefore, the Plaintiff is therefore.

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