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(영문) 인천지방법원 2019.12.05 2019나52266

손해배상등

Text

1. The part of the judgment of the court of first instance against the plaintiff falling under paragraph (2) shall be revoked.

2...

Reasons

1. Facts of recognition;

A. (1) On January 26, 2012, the Defendant entered into a sales contract with E Co., Ltd. (hereinafter referred to as “E”) to purchase 3,931 square meters (hereinafter referred to as “Defendant’s land” from the next Myeon, and completed the registration of ownership transfer on January 27, 2012.

(2) On September 12, 2016, the Plaintiff purchased the attached list [section 1] land, buildings, and machinery and apparatus owned by the Defendant in the real estate rental auction case for the Gwangju District Court, Gwangju District Court, and completed the registration of ownership transfer on September 20, 2016.

(3) On November 21, 2016, the Plaintiff purchased a building in the attached list [section 2] owned by E in the G real estate rental auction case in the Gwangju District Court Maritime District Court G real estate G, and completed the registration of ownership transfer on November 24, 2016.

(4) On December 14, 2016, the Plaintiff purchased the attached list [section 3] owned by I in the H real estate compulsory auction case for H real estate in the Gwangju District Court, Gwangju District Court, and completed the registration of ownership transfer on December 16, 2016.

(5) From September to October 2016, the Plaintiff demanded the Defendant to deliver the instant aquaculture acquired by the Plaintiff at auction, including each land, building, machinery, and apparatus listed in the separate sheet (hereinafter “instant aquaculture”).

The Plaintiff accepted the Defendant’s request that the instant aquaculture can be used until the shipment of luminous fish is completed, and the Plaintiff intended to receive the aquaculture around January 2017.

나. 관련 사건의 경과 (1) 별지 목록 [제1부분] 2의 (1)항 기재 건물(다음부터 ‘이 사건 냉동창고’라고 한다) 중 일부는 피고 토지 중 별지 제2도면 표시 ㅌ, ㅍ, ㅎ, ㄱ¹, ㄴ¹, ㅌ의 각 점을 차례로 연결한 선내 (나) 부분 97㎡에 위치해 있다.

Attached Form

목록 [제2부분] 건물 일부가 피고 토지 중 별지 제2도면 표시 ㄷ¹, ㄹ¹, ㅁ¹, ㅂ¹, ㅅ¹, ㄷ¹의 각 점을 차례로 연결한 선내 (다) 부분...