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(영문) 부산지방법원 2017.03.10 2016가단304788
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On July 22, 2014, the Plaintiff A purchased from Defendant C and D a factory site for KRW 630,000 square meters for Busan Gangseo-gu G major 526 square meters and for KRW 300 square meters for Class II neighborhood living facilities on the surface of the slope board of the general steel structure on the ground (hereinafter “real estate 1”), which is a factory site, for KRW 630,00,000,000, and completed the registration of ownership transfer in the name of the Plaintiff on September 30, 2014. On December 1, 2014, the Plaintiff B Co., Ltd (hereinafter “Plaintiff”) completed the registration of ownership transfer in the name of the Plaintiff on the first real estate, and completed the registration of real estate ownership transfer in the name of KRW 265,250,250,000 for Class II neighborhood facilities on the second floor of the general steel structure structure on the land (hereinafter “real estate”) from the Defendants on December 1, 2014.

(hereinafter “each of the instant sales contracts”) B.

The pertinent real estate is not directly related to the public service, and there are 2,165 square meters (hereinafter “the instant State-owned land”) between the instant real estate and the public service of each of the instant real estate. There are concrete packaging access roads (hereinafter “the instant access roads”) linking part of the instant State-owned land with the inside roads of the instant real estate, and the Plaintiffs have access to each of the instant real estate using the access roads to the instant real estate since the delivery of each of the instant real estate by the Defendants.

C. On the other hand, on June 11, 2015, the Korea Asset Management Corporation intended to impose indemnity of KRW 14,605,820 on the ground that it occupied 1,871 square meters of the State-owned land of this case without permission against the users of the access road of this case, including the Plaintiffs on June 11, 2015.

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