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(영문) 수원지방법원 성남지원 2018.06.20 2017가단223964

토지인도

Text

1. The defendant shall remove the buildings listed in the attached Table 1 to the plaintiff and the land listed in the attached Table 2 to the plaintiff.

Reasons

1. Facts of recognition;

A. On June 29, 2004, the Defendant completed the registration of transfer of ownership on the grounds of the sale on October 16, 2003 with respect to C farm site 59349 square meters in Gwangju-si and 13431 square meters in mineral balance D 1341 square meters in Gyeonggi-do (hereinafter “each land of this case”).

B. On September 5, 2003, the Defendant: (a) around June 30, 201, on each of the instant lands, filed a report on the construction of a temporary building with the retention period until June 30, 2016 with the E-Myeon president on the building listed in the separate sheet No. 1 (hereinafter “instant temporary building”); and (b) the Defendant constructed, installed, and occupied the instant temporary building on each of the instant lands listed in the separate sheet No. 2 (hereinafter “instant dispute land”).

C. As to each of the instant land, F Co., Ltd.: (a) on May 19, 2005, the registration of the establishment of a superficies and the duration of the mortgage, the debtor of which was KRW 11,00,000,000, out of the Defendant, the maximum debt amount of KRW 11,000,000,000, was completed from May 19, 2005 to 30 years; and (b) on the foregoing collateral security and superficies, the registration of the establishment of a superficies was completed in the future of G Co., Ltd. (hereinafter “G”).

G’s application, on February 12, 2014, the procedure for the commencement of voluntary auction (hereinafter “instant auction procedure”) was initiated with the Suwon District Court Branch H, Sungnam Branch, and on May 12, 2017, I Co., Ltd. (hereinafter “I”) completed the registration of ownership transfer by winning a successful bid for each of the instant lands at the above auction procedure on May 12, 2017. On the same day, the Plaintiff completed the registration of ownership transfer by reason of the trust.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts of recognition as to the cause of claim, the defendant owned the temporary building of this case on the ground of the dispute of this case and possessed the land of this case and interfered with the plaintiff's ownership of the land of this case. Thus, barring any special circumstance, the temporary building of this case is owned by the plaintiff.