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(영문) 창원지방법원통영지원 2016.07.07 2015가단25418

토지인도

Text

1. The Defendant (Counterclaim Plaintiff) indicated the attached Table 22, 23, 24, 25, among the land size of 245 square meters in Tong Young-si Co., Ltd. to the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed as the same.

1. Basic facts

A. On October 19, 2015, the Plaintiff completed the registration of share ownership transfer on the part of the Plaintiff’s land, 1) 54/74 shares in common support as 30255, which was received on October 19, 2015. (2) On November 19, 2015, the Plaintiff completed the registration of share ownership transfer on the part of 20/74 shares in common support.

B. D completed the registration of ownership transfer as the receipt of No. 7085 on April 25, 1991, with respect to the land of this case, Dong Young-si E large 278 square meters adjacent to the land of this case (hereinafter “instant land”).

C. F completed the registration of ownership transfer as No. 18895, Sept. 8, 1998, regarding the Defendant’s land.

F) On the instant Defendant’s land, F newly constructed a reinforced concrete sloping roof 2, 83.52 square meters, 2nd floor 53.45 square meters (hereinafter “instant Defendant’s building”) on the instant Defendant’s land, and completed the registration of ownership preservation as to the instant Defendant’s building with the head of Si/Gun/Gu No. 19977, Sept. 12, 2001, after obtaining approval for use from the Si/Gun/Gu mayor on September 3, 2001.

(hereinafter referred to as “instant Defendant’s real estate” in the event that the instant land and the instant Defendant’s building are collectively referred to. (e)

G completed the registration of transfer of ownership on the instant Defendant’s real estate as the receipt No. 13724 on May 24, 2012.

F. On February 3, 2014, the Defendant completed the registration of transfer of ownership on the instant Defendant’s real property by reason of sale due to voluntary auction as prescribed by the Presidential Decree No. 2565, Feb. 3, 2014.

G. On the line that connects each point of 0.01 square meters and 26, 27, 30, 31, and 26 with the appraisal map of 0.10 square meters in the ship connected with each point of the attached Table 22, 23, 24, 25, and 22, among the Plaintiff’s land in this case, the main gate of the Defendant’s building in this case is built. On the line that connects each point of 22, 21, 20, 19, 18, and 17, the same appraisal map is also connected to each point of 22, 21, 20, 17, the wall of the Defendant’s building in this case is constructed.