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(영문) 서울고등법원 2017.04.26 2016나2051673

토지인도

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On October 29, 2009, the Plaintiff acquired the ownership of the land No. 5 as indicated in the [Attachment List], and the ownership of each remaining land as indicated in the [Attachment List] on December 24, 2009.

B. On June 1, 2010, the Defendant Company entered into a loan agreement with the Plaintiff stating that “The Defendant Company shall use part 2,800 square meters of Incheon Gyeyang-gu D (attached Form 3) owned by the Plaintiff for six months from the date of the contract, and shall immediately recover the said land when the period expires or the contract is terminated and order it to restore the said land to its original state.”

C. From around that time, Defendant Company: (a) attached Table 1, which falls under part of each of the lands listed in the attached Table 1, connected each point of 39, 32, 33, 34, 35, 36, 37, 38, and 39, among the land listed in the attached Table 1, was 804 square meters in the part of “A”; (b) attached Table 37, 36, 52, 51, 50, 49, 37, 37, 49, 41, 40, and 39, among the land listed in the attached Table 1, connected each point of 80 square meters in the land indicated in the attached Table 2; (c) was 81 square meters in the part of “D”; (d) was connected to each of the land indicated in the attached Table 48 square meters in the attached Table 48,441,47,457, and 47, and 4547.

[Based on recognition] Gap evidence Nos. 1, 2, 4, 5, 6 (including branch numbers, if any; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, the result of the request for surveying and appraisal to the appraiser E of the first instance court, the purport of the whole pleadings

2. In the first instance trial within the scope of this Court, the Plaintiff is the Defendant.