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(영문) 수원지방법원성남지원 2016.08.16 2015가단12047

토지인도

Text

1. The defendant is against the plaintiff succeeding intervenor.

(a) in sequence 1, 2, 3, 4, and 1 of the Schedule No. 1, 2, 3, 4, and 1 in Hanam-si.

Reasons

1. Facts of recognition;

A. In around 2011, the Defendant purchased from the Plaintiff three parcels, Hanam-si (which was divided into 450 square meters and 3,683 square meters in F forest and fields, hereinafter “instant land”), other than 660,000,000 won, but the said sales contract was revoked on June 30, 2015 due to the Plaintiff’s failure to pay the purchase price in full.

B. The Defendant, within the instant land, installed and occupied a vinyl of 54 square meters in the 1,2,3,4, and 1 of the attached drawing in sequence, connecting each point of the attached drawing in the order, and agreed to remove the vinyl among the instant land and deliver it to the Plaintiff on two occasions on April 26, 2014 and August 16, 2014.

C. On March 19, 2015, the Plaintiff’s successor purchased the instant land from the Plaintiff, and completed the registration of ownership transfer on June 23, 2015.

Although the Defendant filed a lawsuit against the Plaintiff on the premise that the above sales contract is valid, the Defendant lost on February 3, 2016 (Seoul District Court Decision 2015Da11945), and on June 16, 2016, the Defendant filed a provisional injunction against disposal of the instant land.

(U.S.C. 2015Kadan703). 【Ground for Recognition】 The fact that there is no dispute, Gap evidence 1 through No. 6, the purport of the whole pleadings, and the purport of the whole pleadings.

2. According to the facts of the above recognition, the defendant is obligated to remove the plastic houses written in the above drawings among the land in this case and deliver the land in this case to the intervenor succeeding to the plaintiff.

If so, the plaintiff's claim by the succeeding intervenor is reasonable and acceptable.