토지인도
1.The judgment of the first instance, including a claim extended and reduced in the trial, shall be modified as follows:
The defendant.
1. Basic facts
A. On March 3, 1998, the Defendant completed the registration of ownership ownership transfer on the ground of the donation made on December 15, 1997 with respect to the 50/124 shares of the instant land from 0/124 shares (hereinafter “the instant 50/124 shares”) from Masan Construction Co., Ltd. (hereinafter “Masan Construction”), and on April 23, 1998, the Defendant acquired the ownership of the entire instant land by completing the registration of ownership transfer on the remaining 74/124 shares of the instant land among the instant land from Da on April 23, 1998. < Amended by Act No. 5593, Apr. 23, 1998>
B. After acquiring the ownership of the whole land of this case as above paragraph (a), the Defendant prepared a road on the land of this case, completed the six-lane road on September 1, 2001, and thereafter the said road is offered to the general public for traffic.
C. At the time the Defendant completed the registration of transfer of ownership shares from 0/124 shares of the instant 50/124 shares from 0.27 October 1997, the provisional attachment registration of a housing project mutual aid association pursuant to the decision of provisional attachment No. 97Kahap5604 of the Incheon District Court and the provisional attachment registration of a housing project mutual aid association pursuant to the decision of provisional attachment No. 97Kahap5603 of the Incheon District Court (hereinafter “the provisional attachment of each of the instant 50/197”).
After that, on November 11, 2013, according to the Incheon District Court DD decision to commence compulsory auction by application of the Korea Housing Guarantee Co., Ltd. (former Housing Business Mutual Aid Association), each of the above provisional seizure was implemented as a principal seizure, and the compulsory auction procedure was commenced. In the above compulsory auction procedure, the Plaintiff paid the sale price on July 30, 2014 and acquired ownership of the shares of 50/124 of this case.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 3, the purport of the whole pleading
2. Determination as to the legitimacy of the amendment of a claim filed by the Plaintiff in the trial
A. On May 26, 2016, the Plaintiff filed an application for modification of the Plaintiff’s claim.