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(영문) 의정부지방법원 2016.05.27 2015가합3508
건물명도
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a)each building listed in Schedule 4 to 20 of Annex 1;

Reasons

1. The principal lawsuit and counterclaim shall be deemed to be filed together with the facts of recognition;

A. Each land listed in the separate sheet Nos. 1 through 3 (hereinafter “each of the instant lands”) was originally owned by the Defendant. The Plaintiff purchased each of the instant lands in the voluntary auction procedure and completed the registration of ownership transfer on November 7, 2012.

B. The Plaintiff filed a lawsuit against the Defendant, who had constructed and used an unauthorized building on each of the instant land, seeking the removal of the building, delivery of the land, return of unjust enrichment, and the payment of the land rent in preliminary order. On January 8, 2014, the Plaintiff dismissed the Defendant’s primary claim on the ground that the Defendant constitutes a legal superficies owner as stipulated under Article 366 of the Civil Act, and was sentenced to a judgment citing the conjunctive claim.

Accordingly, the Plaintiff appealed by Seoul High Court 2014Na9306, but submitted a written withdrawal of the lawsuit on May 29, 2014, and the withdrawal was concluded on June 17, 2014.

(hereinafter referred to as “previous lawsuit”). (c)

After the judgment of the first instance court of the previous lawsuit was rendered, the Plaintiff and the Defendant reached an agreement with the Defendant on February 17, 2014, and the Defendant transferred all unauthorized buildings constructed on each of the instant land to the Plaintiff at KRW 250 million by May 30, 2014, and the down payment of KRW 50 million out of the transfer proceeds is KRW 60 million on the date of the contract, part payments, 60 million on February 28, 2014, and the remainder of KRW 140 million on May 30, 2014 (hereinafter referred to as the “instant agreement”), and further agreed to pay the remainder amount of KRW 10 million on May 30, 2014 (hereinafter referred to as the “instant agreement”).

- - Future -

4.2

The defendant shall complete the assignment of the object to the plaintiff according to the terms of the agreement and transfer it to the plaintiff.

May 30, 2014). (c)

The defendant shall succeed to the plaintiff with the agreement on the current status of the road on the access road to the land of this article after consultation with the land owner (not more than 400,000 won per month), and if the agreement is not reached, 30,000 won out of the agreed amount shall be deducted from the balance.

May 30, 2014) D.

Defendant.

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