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(영문) 춘천지방법원원주지원 2015.01.20 2014가단33139
건물등철거
Text

1. The Defendants connected each point of the attached Form Nos. 1, 2, 3, 4, and 1 among the 951 square meters of Gangwon-gun D, Gangwon-gun D.

Reasons

1. Basic facts

A. The transfer registration of ownership was completed on June 28, 1996 with respect to the land prior to the subdivision of Gangseo-gun E prior to the subdivision of this case (hereinafter “the land prior to the subdivision of this case”). F on June 28, 1996 and G each 1/2 equity in the future.

However, on May 8, 1998, the F completed the registration of ownership transfer with respect to the above 1/2 shares on the grounds of sale on April 21, 1998, and G thereafter newly built the building of this case and a mushroom growing house, which is unregistered on the part of the land before the division.

B. Thereafter, on March 30, 2004, the land prior to the instant partition was divided into the instant land and the Gangwon-gun E prior to the said partition into the size of 950 square meters.

Since then, G completed the registration of ownership transfer with respect to the instant land on April 9, 2004 to F on March 26, 2004, and F completed the registration of ownership transfer due to the gift on January 15, 2008 to the Plaintiff, one’s wife, on January 15, 2008.

C. On August 30, 2004, G sold to Defendant B the instant land in KRW 77 million, which is F-owned (hereinafter “instant sales contract”), not only KRW 145.75 square meters as well as KRW 145.7 million for E divided land and its ground-based plant-related facilities, namely, KRW 401 square meters in Gangseo-gun H large-scale 401 square meters and 87.4 square meters in a prefabricated-style prefabricated-style Gamar, which is a light steel-frame structure on the land, and KRW 87.4 square meters in a single-story-style structure on the land (hereinafter “instant sales contract”), and the sales contract is written as follows.

However, as F does not consent to the sale of the instant land, G did not perform its obligations under the sales contract only for the other parts and did not perform the instant part of the instant land. Defendant B entered into a contract with H, E, and D with the instant land in KRW 1,00,000,000,000, out of the sales price of KRW 77,000,000,000.

D.

On the other hand, at present, Defendant B and his father occupy the instant building and a simplified mushroom cultivation house, and G is against F on April 29, 2014, the instant building and a simplified mushroom cultivation house.

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