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(영문) 의정부지방법원 2017.05.17 2016나60625

건물인도

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is subject to Paragraph (1).

Reasons

1. Facts of recognition;

A. The “D building Cdong” (hereinafter the above land referred to as the “instant land”) located on the ground of the Namyang-si, Namyang-si, is the fourth apartment house with the size of 19 households.

B. A building permit for the entire building of this case was received from E as of October 7, 1996, which was the nominal owner of the said site, and around 2001, the building was built to the extent that it can be seen as an independent building.

C. The name of the building owner under the above building permit was changed to the F, the Defendant, G, H, I, and J around 202, the name of the building owner was changed to the F, the Defendant, the K, L, M, and I, around 2003.

On October 15, 2003, Asung Mutual Savings Bank Co., Ltd., a mortgagee of various parcels of land including the instant land, filed an application for a voluntary auction on the land as collateral and completed the auction procedure on October 15, 2003 (Seoul District Court’s branch N). The Plaintiff purchased the instant land at the auction procedure on March 23, 2005 and completed the registration of ownership transfer on April 25, 2005.

E. On March 20, 2014, the Plaintiff filed a lawsuit claiming land transfer and land use fee against the owner of the building of the instant entire building (the deceased F, the heir, P, O, and P) (2014Gahap2041).

On May 30, 2014, when the lawsuit was pending, the Plaintiff agreed with the Defendant (hereinafter “instant agreement”) and withdrawn the said lawsuit against the Defendant on September 12, 2014.

Plaintiff A’s written agreement

1. The Plaintiff waives his claim against the Defendant for the land use fee of the entire building of this case on the ground of this case.

2. The defendant shall immediately transfer the name of the owner and the name of the farmland diversion of the entire building of this case to the name of the plaintiff.

In addition, the defendant provides documents necessary for the change of the above name, cooperates in the procedure for the change of the name, and immediately prepare this agreement, all rights (ownership, right to use, right to benefit, and right to dispose) as the owner.