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1. It is confirmed that the ruling in the separate sheet is owned by the plaintiff.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Basic facts
A. On November 21, 2005, the Plaintiff entered into a contract with the Defendant to sell the land of 658 square meters owned by the Plaintiff for KRW 55 million (hereinafter “instant land”).
Groundwater shall be used in the same manner as the land of this case with the area of 532 square meters (referring to the land owned by the plaintiff adjacent to the land of this case; hereinafter referred to as "the land of this case") in Gyeonggi-do, Chungcheongnam-gun, and the management expenses shall be jointly borne.
except that groundwater is owned by the owner of the instant D land
B. On the ground of the instant land, there was an official announcement in the attached list (hereinafter “instant official announcement”) established by the Plaintiff in order to spread the groundwater located under the ground of the instant land (hereinafter “instant groundwater”). The instant sales contract set forth as follows with respect to the instant groundwater and the instant official announcement.
[hereinafter] The Defendant asserts that the Plaintiff and the Defendant entered into a new sales contract on November 28, 2005 with respect to the instant land, and that there is no special agreement with regard to the instant land or the instant groundwater as follows. However, the sales contract attached to the certificate No. 1 (registration certificate) appears to have been prepared formally for the registration of the Defendant’s name with respect to the instant land, and it is difficult to view it as a separate sales contract for the instant land. The Defendant’s aforementioned assertion is without merit.
On December 2, 2005, the Plaintiff completed the registration of ownership transfer under the name of the Defendant under the title of the Daegu District Court No. 12989 on the instant land as to the Defendant’s receipt of machinery, such as the Young-gu District Court’s territorial support.
The Plaintiff and the Defendant jointly used the instant situation since that time.
The instant well is connected to the electricity used by the Plaintiff, which collects groundwater by using power-driven equipment.
Accordingly, the Defendant concluded the instant contract to the Plaintiff.