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(영문) 의정부지방법원 2020.11.11 2019가합1173
손해배상(기)
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. 1) On June 30, 2017, the Defendant owned each parcel of land, i.e., three parcels of land D through E (hereinafter collectively referred to as “Defendant-owned land”) owned by Plaintiff A.

(2) On July 7, 2017, Plaintiff B completed the registration of transfer of ownership due to compulsory auction on the same day. On the same day, Plaintiff B entered into a real estate trust agreement on L and the instant school site and building (hereinafter “school site”) including the main office, dormitory Dong, guard Dong, etc. of the instant school located on the same ground (hereinafter “instant school building”) and the Plaintiff’s two lots owned by J and K on the same day, and completed the registration of transfer of ownership due to compulsory auction on the same day. On July 7, 2017, Plaintiff B entered into a real estate trust agreement on L and the instant school site and building (hereinafter “instant school site”), and completed the registration of transfer of ownership due to compulsory auction on two lots owned by Plaintiff A.

(3) On July 2017, Plaintiff B entered into a lease agreement on the instant school site and building between the instant school and the instant school, and on May 8, 2018, Plaintiff A was appointed as a director of the instant school and is operating the instant school along with Plaintiff A at the same time. 4) The land owned by the Defendant is a blind-down who is surrounded by the instant school site and another land adjacent thereto, and has no passage directly connected to his/her meritorious service.

B. Among the instant school sites, M and N have a road used as part of the education and training facilities (hereinafter “road in the school”).

(2) The above road is linked to D and meritorious services among the land owned by the Defendant, throughout the site of this case.

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