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(영문) 의정부지방법원 2016.09.09 2015가단199
양수금 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A. On February 2, 1983, Gangdong-gu Seoul Metropolitan Government 2,168 square meters (hereinafter “the land before subdivision”) filed an application for subdivision of the said land into the size of 165 square meters on B, D 460 square meters (hereinafter “the land in this case”), D 65 square meters, F 335 square meters, G 317 square meters, and H 226 square meters, and C filed an application for subdivision of the said land and H 335 square meters from the site to the road. The land in this case and H 335 square meters were divided into land division and land category change as applied on February 7, 1983, and the divided land location map is the same as the land survey result indicated in the attached Table.

B. On November 11, 2014, the Plaintiff purchased the instant land from C and completed the registration of transfer of ownership by the Gangseo-gu Seoul East District Court’s Gangseo-dong District Court’s registration office on December 15, 2014.

C. From the time when the land category of the instant land was changed to a road, the Defendant managed the instant land by packing asphalts, etc. on the instant land.

The amount equivalent to the rent for the instant land from December 11, 2009 to December 10, 2014, which is the appraisal date, is 28,145,700 won in total, and the annual rent for the instant land from December 15, 2014 to December 10, 2050 won in total.

[Ground of recognition] Facts without dispute, Gap 1, 4 evidence, Eul 1, 2, 3, and 13 evidence, the result of appraiser I's appraisal of rent, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion on the termination of the lawsuit

A. The Plaintiff’s assertion asserts that the instant lawsuit had already been terminated by the confirmation of the decision of recommending reconciliation on April 28, 2016 by the court (hereinafter “decision of recommending reconciliation of this case”).

(b) Determination 1) Article 11 of the Act on the Use, etc. of Electronic Documents in Civil Procedure, Etc. shall be made by registering electronic documents to be served on the electronic data processing system and electronically notifying the person to be served with the electronic documents (Paragraph 3 of this Article, it shall be deemed to have been served on the person to be served with the electronic documents in which the person to be served was recorded, however,

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