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(영문) 춘천지방법원 2016.04.15 2015나3710
소유권이전등기
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. The Plaintiff is the owner of the land D and the building on its ground located in Gangseo-gun, Gangwon-do, and the Defendant is the owner of the land attached to the said land, which is the 990 square meters of the land E in Gangwon-gu, Gangwon-do (hereinafter “Before subdivision”).

B. On April 6, 2006, the defendant filed a lawsuit against the plaintiff at the Youngcheon District Court Youngcheon District Court for removal of the building owned by the plaintiff and delivery of the land which was affected on the ground of the land before division (Scheon District Court Youngcheon District Court Youngcheon Branch 2006Gadan2969), and received a favorable judgment from the above court on January 24, 2007.

Since then, the Plaintiff filed an appeal with the Chuncheon District Court 2007Na501, which was dissatisfied with the above judgment of the first instance court, but the Defendant submitted a written withdrawal to the Chuncheon District Court on January 16, 2008.

(hereinafter referred to as the “Land Delivery Lawsuit”). C.

On December 18, 2007, the appellate trial on the land delivery lawsuit, the Plaintiff prepared a written agreement with G acting for the Defendant (hereinafter “instant agreement”) with the following contents, and on the same day, prepared a sales contract with the Plaintiff that “The Plaintiff purchases 7.6 square meters (the area surveyed in the case of Youngcheon District Court Youngcheon Branch Branch 2006Gadan2969) and approximately 1.7 square meters (the site boundary line) of the land before subdivision from the Defendant, 9.5 million won (the contract deposit amount of KRW 3 million, the intermediate payment of KRW 5 million on January 30, 2008, the balance of KRW 1.5 million on March 31, 2008), and the date of delivery of real estate as March 31, 2008.”

(hereinafter “instant sales contract”). (Written agreement of this case)

1. The defendant shall transfer the part of the plaintiff's building on the land before subdivision to about 4 square meters, and the transfer value shall be KRW 9.5 million.

When receiving the above amount, the defendant shall withdraw the land delivery lawsuit in progress from the above lot number.

2. The Plaintiff shall remove the road boundary stone set up on the boundary line of Gangwon-gun D, Gangwon-gun.

(The parking prohibition and entry prohibition shall be indicated). The removal cost shall be borne by the defendant.

As to the removed parts, mutual agreement between the plaintiff and the defendant.

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