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(영문) 수원지방법원평택지원 2016.08.24 2015가합2364
유치권확인 등
Text

1. The Defendants deliver to the Plaintiffs the real estate stated in the separate sheet.

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

Reasons

Basic Facts

The 39 employees of the ELE Co., Ltd., including the plaintiff A, H and I, who purchased real estate by the ELE employees, agreed to jointly purchase forest land and make it a site and construct and sell urban residential housing and distribute the proceeds of sale.

According to the above consultation, the said 39 persons appointed Plaintiff A as the representative and entered into a contract with J on October 22, 2009 to purchase 11,454 square meters of forest land in Pyeongtaek-si (hereinafter “forest land subject to development”) at KRW 8.6 billion.

On June 20, 201, the Plaintiffs entered into a contract for construction works (hereinafter “instant contract”) with H, the representative of interested parties, such as owners of forests and fields subject to development, permission-granting authority, and right holders, on August 1, 201, with respect to civil engineering works of forests and fields subject to development and road construction works, the date of commencement, July 30, 201, and the date of completion, July 30, 2015, and the amount of construction cost of KRW 1.538 billion.

On December 27, 2011, I completed the registration of transfer of ownership with respect to forest land of Pyeongtaek-si divided from forest land subject to development on December 27, 201 (hereinafter “forest land before division”).

On July 16, 2014, the Si-Gu Mympo Fisheries Cooperatives (hereinafter referred to as the “instant auction procedure”) received a decision to commence a voluntary auction by this court Mymna (hereinafter referred to as “instant auction procedure”).

On October 2014, the Plaintiffs installed a blocking on the land where construction has not been completed, among forests and fields subject to development, and installed a banner using “the accusation against the entry of the land without permission, since this land is the construction site.”

In the instant auction procedure, the following containers, etc. established by the Plaintiffs are indicated as objects other than the presentation.

1. (Purposes) a resting room, a container, or a container, the area of which is 18§³;

2. (Use), warehouse (structure) container (area) 18 square meters;

3. (Purposes) A resting room, a container, and 21 square meters;

4. (Use), kitchen, and boiler room, each of which is nine square meters;

5. (Use), warehouse (structure) container (area) 6.6 square meters;

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