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(영문) 청주지방법원 2019.09.11 2018나8232
소유권이전등기 및 손해배상
Text

1. The judgment of the first instance court, including the plaintiff's claim extended by this court, shall be modified as follows:

Reasons

1. Basic facts

A. The Plaintiff, as the owner of the land D (hereinafter “Plaintiff-owned land”) in the Cheongju-si, Cheongju-si, operated the manufacturing factory for the instant World Cup with her husband E with her husband E.

The Defendants have owned 45,824 square meters in Cheongju-si, Cheongju-si, Seoul Special Metropolitan City.

B. On March 27, 2015, the Plaintiff entered into a sales contract with the Defendants on the purchase price of KRW 68 million (hereinafter “instant sales contract”). The Defendants provided the documents related to the establishment of a factory and the authorization and permission, and agreed to transfer the land after obtaining the approval.

C. Around June 2015, the Plaintiff filed an application for permission to construct a factory in the instant forest and field at the Cheongju-si. Around July 2015, the Cheongju-si Urban Planning Committee presented a review data on the stability of retaining walls structure, and (2) passed a resolution on the said building permit on the condition that it shall be confirmed by the urban planning committee, after drawing up the additional Myeondo, after obtaining confirmation from the urban planning committee.

On September 2015, the Plaintiff revised the existing plant retaining wall plan to alter it to a sar-type retaining wall, and additionally submitted a sar-type drawing related to the construction requested by the Committee, and obtained approval of the Plaintiff’s business plan for the processing and storage of marine plants, and received a factory building permit on the land of the instant forest.

E. On June 8, 2016, the instant forest was divided into the I Forest that was successively divided from G forest (hereinafter “Defendant’s land”), and thereafter, the ownership transfer registration was completed to the Plaintiff on August 26, 2016.

The current status of the land owned by the above defendants and the forest of this case shall be as shown in the attached Table.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4 (including each number; hereinafter the same shall apply), Eul's 1 and 2

2. Summary of the Plaintiff’s assertion

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