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(영문) 수원지방법원 평택지원 2018.06.14 2016가단45453

토지인도

Text

1. Of the real estate listed in attached Form 1. List 1.1, the Defendant points out each of the attached Form 2. 1, 2, 3, 4, and 1.

Reasons

1. Basic facts

A. As to the real estate listed in Attachment 1. List 1. (hereinafter “instant land”), the Plaintiff owns 217,620/274,950 shares, and C owns 22,050/274,950 shares, and C owns 22,050/274,950 shares.

B. The Defendant leased the instant land from C, and owned the said land by installing a 27.13 square meters of the ground section (C) section (a) which connects each point of the (a) section of the instant land to C, in turn, each point of which is indicated 25.59 square meters and 5,6, 7, 8, and 5 square meters of the same drawings on the ground level (a) section (b) which connects each point of the (c) section (a) section of the instant land to C, in order to each point of which is indicated 3.38 square meters and 9,10, 11, 12, and 9 of the same drawings on the ground level (hereinafter “each building of this case”).

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. According to the facts of the above recognition, the defendant is obligated to remove each of the buildings of this case on the ground of the above land and deliver the above land to the plaintiff who is the joint owner of the majority of the land of this case.

(B) The Plaintiff’s claim on March 1, 201 is accepted on the following grounds: (a) even if the Defendant lawfully leased the instant land from C, the lease of the jointly owned property requires the consent of a majority of shares as an act of management; and (b) there is no evidence to prove that the Plaintiff, who is a majority of right holders, has consented thereto;