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(영문) 의정부지방법원고양지원 2016.06.24 2015가단81429
토지임료
Text

1. The defendant

(a) KRW 2,170,818 as well as 5% per annum from June 18, 2015 to June 24, 2016; and

Reasons

1. Basic facts

A. (1) On September 19, 2002, the Plaintiff, along with Nonparty D, purchased 1/2 shares of the total area of 3303 square meters in Ilyang-gu E prior to the partition with the Plaintiff, and on November 27, 2002, agreed on November 27, 2002, 1648 square meters in the above land as owned by the Plaintiff and 1385 square meters in common.

Pursuant to the above agreement, on November 29, 2002, 1358 square meters for the F warehouse site in Yongsan-gu, Yongsan-gu, Incheon Metropolitan City was owned by the Plaintiff, E prior to 1648 square meters, and G road 125 square meters.

(2) On the other hand, H owned the land of Ilsan-gu, Ilyang-gu before the division, but the said land was allowed to enter the land as a contribution only after passing through the land of the E before the division.

Accordingly, H agreed with D to exchange part of the above I land and the portion of the road portion among the above I land E before the above division, and thereafter, the Plaintiff who acquired the above E from D agreed to exchange part of the above I land among the above I land owned by H with the Plaintiff as well as the 1/3 share of the part of the road to be owned by H, and part of the above I land owned by H.

In accordance with the above agreement, the Plaintiff completed the registration of ownership transfer from H on November 29, 2002 with respect to the J-J-based land divided from H to H, 263 square meters in its name. On August 25, 2005, the part to be used as a warehouse site among the above land was divided into 1208 square meters in the J-house site and 55 square meters in the K-road site.

On August 25, 2005, the Plaintiff divided the F-F-land into L-land with a size of 127 square meters corresponding to the road portion.

(3) On December 11, 2006, the Plaintiff completed the registration of ownership transfer in the name of each H as to the above KK and L equivalent to one-third share of the above KK and L land, the 18.33 share of K-land, and the 43.33 share of L-land.

On the other hand, C also divides the area of 125 square meters to be used as a road among the area of 1648 square meters, he/she acquired on August 25, 2005, into G road, into 125 square meters. On December 11, 2006, H. As to the 61.67/125 shares (as approximately 1/3) among them.

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