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(영문) 대전고등법원(청주) 2014.11.11 2013나20671
토지인도 등 청구의 소
Text

1. The Plaintiff (Counterclaim Defendant) in the judgment of the first instance, including the principal claim and the second counterclaim that was added and changed in the trial.

Reasons

1. Progress of the case and the object of adjudication;

A. The Plaintiff Company and B filed the instant lawsuit against the Defendant, E, and F (hereinafter “Defendant, etc.”)

[Plaintiff Co., Ltd. and Defendant Co., Ltd., each land listed in Section 1, 2, 3, 4, 5, 7, 8, and 9 of the annexed Land List (hereinafter “each land of this case”).

2) Each construction machinery listed in the separate sheet of machinery (hereinafter referred to as “each of the instant construction machinery”).

(B) India, the Defendant sought payment of KRW 750,000,000,000 and damages for delay, respectively, against the Defendant, etc., and B sought delivery of each of the lands listed in [Attachment 6 and 10].

During the first instance trial, the Defendant filed a counterclaim against the Plaintiff Company and the counterclaim Defendant, and the counterclaim Defendant filed a counterclaim against the Defendant.

C. Meanwhile, at the trial, B’s lawsuits against the Plaintiff Company E and F were separately withdrawn, among the Plaintiff Company’s principal claim against the Defendant, the claim for the above land and construction machinery was withdrawn, and the claim for the payment of money was partially reduced as seen earlier.

Ultimately, the subject of a party member's judgment is a principal lawsuit against the defendant of the plaintiff company, a counterclaim against the defendant company and the counterclaim defendant, and a counterclaim against the defendant of the counterclaim.

2. Basic facts

A. On August 14, 2009, Plaintiff Company registered as a forest aggregate extraction business or selective scrap business entity pursuant to Article 14 of the Aggregate Extraction Act, etc. On or around March 2010, Plaintiff Company obtained permission to collect earth and stones (land and stones 129,079 cubic meters, period of permission - December 30, 2019) from the Chungcheong Market for land, etc. listed in paragraph (2) of the attached Table of Land from the Chungcheong Market for permission to engage in development activities on or before March 31, 201, and Written land 265 square meters (as part of each of the land of this case) at Chungcheong City on March 31, 2011.

(i) Registration for the establishment of a mining right (name of mineral type: iron, duration: from April 1, 201 to March 31, 2031; and on May 31, 201.

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