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(영문) 대전지방법원 2020.10.14 2019나111620

토지인도등

Text

The judgment of the first instance shall be revoked.

2. The defendant shall be the plaintiff.

(a) Of the real estate indicated in paragraph (a) indicating the attached real estate;

Reasons

1. The grounds for this part of the basic facts are as stated in the judgment of the first instance court 2, 15, and each “Plaintiff’s land” below the same part as “land owned by the Plaintiff.” The defendant added “the plaintiff prior to receiving a successful bid for the land owned by the plaintiff as stated in the above 17th,” “L” in the same 17th, “the defendant’s land owned by the plaintiff” in the same 18th, and “the defendant’s land owned by the defendant” in the same 20th, and “the claim for the claim” in the same 20th, as stated in the main sentence of Article 420 of the Civil Procedure Act, shall be cited pursuant to the judgment of the court of first instance, except where the building of this case is owned by the plaintiff on the ground that the building of this case owned by the plaintiff.”

(3) The Plaintiff is obligated to remove the instant building, deliver the disputing land to the Plaintiff, and pay unjust enrichment equivalent to the rent from the date the Plaintiff acquired the ownership of the said land until the completion of the delivery. 3. As to the Defendant’s defense, the summary of the Defendant’s assertion as to the Defendant’s defense was that each pent was constructed on each land before the Plaintiff and the Defendant was awarded a contract for each land (hereinafter “Plaintiff pent”) but each pent was constructed on each land (hereinafter “Defendant pent”) and the pent constructed on the land owned by the Plaintiff.

In order to enter the Plaintiff’s pension in contribution, it was necessary to pass through the Defendant’s L/C land.

Accordingly, the Defendant, through K, was authorized by the Plaintiff to use the disputed land free of charge on the condition that the Plaintiff sell 1/2 shares out of the above LA land to the Plaintiff through K, which is the lessee of Defendant Fash, and there is no obligation to comply with the Plaintiff’s

Judgment

K witness of the first instance trial is a certified auctioneer who represented for the plaintiff.