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(영문) 춘천지방법원속초지원 2019.04.12 2018가단200619

토지인도

Text

1. On the part of the Intervenor succeeding to the Plaintiff (Counterclaim Defendant),

A. The Defendant (Counterclaim Plaintiff) C is a map in attached Form 1 among the 2,464 square meters of forest E in Seocho-si.

Reasons

1. Basic facts

A. On September 27, 2017, the Plaintiff (Withdrawal) purchased 2,464m2 (hereinafter “instant land”) from the F clan (hereinafter “Non-Party clan”) and completed the registration of ownership transfer on the ground of the purchase on November 1, 2017.

B. On May 10, 2018, when the instant lawsuit was pending, the Intervenor completed the registration of ownership transfer on the same day after being entrusted with the instant land by the Plaintiff (Withdrawal).

Accordingly, the intervenor succeeded to the lawsuit of this case, and the plaintiff (ex officio) withdrawn from the lawsuit of this case with the consent of the defendants.

C. Defendant C owns a brick studio (hereinafter “one building”) which is a building not registered on the ground of section 39 square meters (i) that connects each point of Annex 24, 25, 26, 27, 28, 29, 30, 31, and 24 of Annex 1 among the instant land in sequence, and Defendant C owns a brick studio housing (hereinafter “the instant building”) which is a building not registered on the ground. Defendant D connects each point of Annex 2, Annex 24, 25, 26, 27, 28, 29, and 24 of Annex 2 among the instant land in sequence, with each point of Annex 2, Annex 2, Annex 2, Annex 2, Annex 2, 26, 27, 28, 29, and 24 (hereinafter “Attachment 2”) and owns each building of this case as a building not registered on the ground.

[Ground of recognition] Facts without dispute; Gap evidence 3; Gap evidence 5; Gap evidence 7; Gap evidence 7 (including provisional numbers; hereinafter the same shall apply); the result of this court's entrustment of appraisal to the Dongdaemun-dong Vice Governor of the Korea Land Information Corporation; the purport of the whole pleadings

2. According to the facts found in the judgment on the Intervenor’s principal claim, even if the grounds for termination of the trust have occurred, such as the termination of the trust contract concluded between the Plaintiff (ex officio) and the Intervenor, the Intervenor is merely obligated to transfer the trust property including the instant land to the Plaintiff (ex officio), and the trust property is naturally returned to the Plaintiff (ex officio).