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(영문) 대전지방법원홍성지원 2020.02.19 2019가단32095

토지인도 등 청구의 소

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1. The Plaintiff:

A. Defendant B Co., Ltd. each building indicated in the separate sheet of 843 square meters of G forest land in Bocheon-si.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings in Gap evidence Nos. 1 through 3 and evidence Nos. 5 as to the cause of the claim, the plaintiff completed the registration of transfer on January 20, 2016 on the ground of sale and purchase of G forest land G 843 square meters (hereinafter "the land in this case"), and the defendant Eul Co., Ltd. completed each registration of transfer on December 27, 1980 each of the buildings listed in the separate sheet (hereinafter "the building in this case") on the ground of the land in this case on December 27, 1980; Eul's building entered in the separate sheet Nos. 1 to 4, and 1 to 4, and 1 among the buildings listed in the separate sheet Nos. 3, the defendant Eul's building, and the defendant Eul leased the (A) part connecting each point in the separate sheet No. 2, 5, 6, 3, and 2 among the buildings listed in the separate sheet No. 3.

According to the above facts, Defendant B, as the owner of the land of this case, has the duty to remove the building of this case and deliver the land of this case to the Plaintiff, who exercises the right to claim the removal of disturbance as the owner of the land of this case, and Defendant C, D, E, and F have the duty to withdraw from each building of

2. Defendant B’s defense defense to the effect that the legal superficies on the instant land was acquired.

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1, 2 and Eul evidence Nos. 1, the defendant corporation sold the land and buildings of this case to H on December 27, 1980 after completing the registration of ownership transfer with respect to the land of this case and the building of this case. He completed the registration of ownership transfer with respect to the land of this case on February 27, 1991, but sold the land and buildings of this case to J without completing the registration of ownership transfer with respect to the building of this case. The J completed the registration of ownership transfer with respect to the land of this case on April 10, 1998.