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(영문) 전주지방법원 2015.05.12 2014가단24749

토지인도 등

Text

1. The Defendants are individually (joint) to the Plaintiff.

A. Of the land of 721 square meters in Kim Jong-si, the attached appraisal drawings shall also be indicated.

Reasons

1. Basic facts

A. The registration of transfer was completed on November 29, 1967 as owned by the State as of June 21, 1949 on the ground that the land in this case was reverted to the State as of June 21, 1949.

B. The Plaintiff filed a lawsuit against the State as Jeonju District Court 2013Kadan14066 on the ground that he/she purchased or acquired the instant land as a distributed farmland by the State. On December 9, 2013, the said court decided to recommend reconciliation with the purport that “the Republic of Korea shall implement the procedures for the registration of ownership transfer to the Plaintiff” was “the Republic of Korea shall implement the registration of ownership transfer to the instant land,” and the said decision of recommending reconciliation was finalized on December 24, 2013, and the Plaintiff completed the registration of ownership transfer in the name of the Plaintiff on June 19, 2014 in accordance with the said decision of recommending reconciliation.

C. From around 1999, the Defendants entered into a State-owned property loan agreement with Nonparty Kim Jong-si on the instant land. Of the above land, the Defendants installed a sand site board building and a Bodore pole (hereinafter “instant building”) on the ground of 76m2 in sequence 1, 2, 18, 19, 15, 16, 17, and 1 of the attached appraisal drawings (the entry “Glain-si F” in the column for land location is a clerical error in the “Glain-si D”), and used the said land up to now.

Meanwhile, among the instant land, rent on the said 76 square meters, which is installed with the instant building, is KRW 10,390 per month from December 2, 2013.

[Ground of recognition] A without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 through 3 (including each number if any), the result of the request for surveying and appraisal to the North Korean Intellectual Property Office Kim Jong-si of this Court, the result of appraisal of fees by appraiser G, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the defendants use the land of this case owned by the plaintiff without any legal ground. Thus, the defendants are individually (joint) and they do so to the plaintiff.