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(영문) 광주지방법원 2019.01.25 2017가단525369

토지인도 등

Text

1. The Plaintiff:

(a) Defendant B, as indicated in Annex A on the ground of 133.2m2m2, Nam-gu, 1 Gwangju-gu, Gwangju-gu, 1,2,3, 4, 5, 6.

Reasons

1. Basic facts

A. On July 27, 2000, Defendant B was awarded a successful bid of approximately 133.2 square meters in Nam-gu, Nam-gu, Gwangju (hereinafter “instant land”), and completed the registration of creation of a collateral security (hereinafter “instant collateral security”) with the maximum debt amount of KRW 42,00,000 and superficies creation registration with the duration of 30 years from July 27, 2000, respectively.

B. Around August 200, F entered into a contract with Defendant B to construct a new building on the instant land. Defendant B as the owner of the instant land on or around December 2000 and completed the building report, and around March 2002, F completed the building report on or around the instant land, the construction report was completed. F was completed on or around March 2002, the part of the instant land, which connects each point of Section 1, 2, 3, 3, 4, 5, 5, 6, 1, in the order of each point of Section 1, 2, 3, 5, 5, 6, and 101 square meters of the instant building, which connects each point of Section 1, 101 square meters

C. As Defendant B failed to pay the construction cost of the instant building to F, F claimed that the instant building was its own ownership from March 2002, and managed and used the instant building from March 200, and all of the instant land was occupied as the site of the instant building.

E Union filed an application for voluntary auction of the instant land with the Gwangju District Court G on the basis of the instant right to collateral security, and on April 17, 2001, the said court rendered a decision to commence auction, and on June 30, 2003, the Plaintiff received a successful bid of the instant land and paid in full the price therefor.

7. 10. The Plaintiff completed the registration of ownership transfer on the instant land.

E. On January 8, 2004, the Plaintiff filed a lawsuit against F with the Gwangju District Court 2004Kadan1221, and the said lawsuit stated that “F shall remove the instant building and deliver the instant land to the Plaintiff, and return unjust enrichment equivalent to the rent from July 1, 2003 to the completion date of delivery of the instant land.”