토지인도
1. The defendant shall be the plaintiff.
(a) A cement block structure, splate roof, one story (joint locking room) in the Chungcheongnam-gun, Chungcheong-gun;
1. Facts of recognition;
A. On July 31, 2017, the Plaintiff purchased 1,094/1,210 shares of 452 square meters (hereinafter “instant land”) in the name of the Plaintiff on July 31, 2017, Chungcheongnam-gun, Chungcheongnam-gun, and completed the registration of ownership transfer in the name of the Plaintiff on August 4, 2017.
B. The Defendant owned, on the instant land, cement block structure, splate roof, one-story storage (joint locking rooms) 107.25 square meters (hereinafter “instant building”) on the instant land, and occupied the instant land, which is the relevant site.
【Ground for recognition】 The fact that there is no dispute, Gap's 1 through 5, Eul's 1, the purport of the whole pleadings and arguments
2. Determination
A. According to the above facts of determination as to the cause of the claim, the defendant owned the building of this case on the land of this case, thereby hindering the plaintiff's exercise of ownership, who is the right holder of the land of this case.
Therefore, barring special circumstances, the Defendant is obligated to remove the instant building to the Plaintiff and deliver the instant land to the Plaintiff.
B. As to the determination of the defense, the Defendant: (a) sold the Plaintiff’s share in the instant land to the Plaintiff without permission; and (b) completed the registration of ownership transfer in its name by stealing the seal impression of the former owner, E, F, Defendant, G, H, I, J, and K, which is the former owner; and (c) therefore, the registration of ownership transfer in the Plaintiff’s name as to the instant share in the instant land
The above defense is without merit.
3. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.