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(영문) 전주지방법원군산지원 2020.02.14 2019가단5371
청구이의
Text

1. The plaintiff's claim is dismissed.

2. On October 2, 2019 with respect to cases of applying for a stay of compulsory execution in this Court 2019 Chicago23

Reasons

1. Basic facts

A. The Defendant filed a lawsuit against the Plaintiff, claiming for removal of pents, etc. with the Jeonju District Court’s 201Kadan2589, by asserting that the Plaintiff, “the Plaintiff,” was 57m2 and 10m2 of the C Forest land in Yansan City, which is the Defendant’s ownership, committed a crime of 57m2 and 10m2 of the D Forest land, and installed a pent structure and a steel net, and occupied and used trees.

The Plaintiff filed a counterclaim against the Defendant by asserting that the acquisition by prescription for the possession of the forest of this case had been completed during the course of the said lawsuit, under the Jeonju District Court Branching 2015Kadan7546, the title transfer registration claim was filed.

1. On July 3, 2017, the Defendant agreed to sell the forest of this case to the Plaintiff KRW 4,000,000,000.

2. By September 3, 2017, the Plaintiff paid the Defendant KRW 4,000,000 as indicated in the foregoing paragraph (1) to the Defendant, and the Defendant received the said money from the Plaintiff and simultaneously simultaneously executes the procedure for registration of transfer of ownership based on the sale on July 3, 2017 with respect to the forest of this case to the Plaintiff.

3. In the event that a divisional survey is necessary to implement the procedure for the registration of ownership transfer as described in the above paragraph 2, the plaintiff shall bear the costs of the survey.

4. If a tree owned by the plaintiff infringes on the defendant's land after the completion of the registration of transfer of ownership in the above paragraph 2, the plaintiff collects the above trees.

5. The defendant shall waive his counterclaim against the plaintiff, and the plaintiff shall waive his counterclaim against the defendant.

B. On July 3, 2017, the conciliation between the Plaintiff and the Defendant was concluded on July 3, 2017, during the appeal proceedings of the said lawsuit [former District Court 2016Na2461, 2016Na2478 (Counterclaim)] (hereinafter “instant conciliation”).

C. On September 2, 2019, based on the instant conciliation protocol, the Defendant applied for a compulsory auction of real estate owned by the Plaintiff to the Jeonju District Court Military Branch E for a compulsory auction on the real estate owned by the Plaintiff, and received a compulsory auction decision on September 3, 2019.

The plaintiff on September 23, 2019.

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