토지인도
1.The judgment of the first instance shall be modified as follows:
Defendant Counterclaim Co., Ltd. (Counterclaim Defendant) is the Plaintiff-Counterclaim Defendant.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On March 21, 1996, the Plaintiff’s attached database (hereinafter “the deceased”) completed the registration of ownership transfer with respect to the land listed in the attached list No. 1, and completed the registration of ownership transfer with respect to the land listed in the attached list No. 1, and newly constructed the housing listed in the attached list No. 2 on the ground and completed the registration of ownership transfer on December 24, 199
B. Defendant C owned a number of patents, etc. as to the manufacturing method, and on June 29, 2005 and March 7, 2006, the Deceased and Defendant C entered into a partnership agreement with the content that the Deceased acquired the manufacturing technology and facilities and equipment of Defendant C, and produced E products, and Defendant C had the right to sell the said products.
C. Accordingly, on March 21, 2006, the Deceased established the Defendant Company for the purpose of manufacturing and selling products E on the part of March 21, 2006, and registered the Plaintiff as the representative director on the registry of the Defendant Company, and newly constructed a building listed in paragraph 3 (3) of the attached Table (hereinafter “instant real estate”) on the ground of the land listed in paragraph 1 of the attached Table as E products manufacturing factory, and completed registration of preservation of ownership on December 26, 2006.
The Deceased died in April 2007, and the Plaintiff completed the registration of ownership transfer on November 14, 2007 due to the inheritance due to the agreement division on April 20, 2007.
E. After October 14, 2008, the Plaintiff transferred 10,000 shares of the Defendant Company to Defendant C, and accordingly, Defendant C was appointed as the representative director of the Defendant Company on October 15, 2008.
F. Around February 1, 2009, the Plaintiff entered into a loan agreement with the Defendant Company for a period of three years from February 1, 2009 to January 31, 2012 (hereinafter “instant loan agreement”); and the Defendant Company, upon delivery from the Plaintiff, occupy the said real estate up to the present day.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2 (including a serial number; hereinafter the same shall apply), Eul evidence 1 to 14, 24, 27 each.