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(영문) 대전지방법원논산지원 2017.08.17 2016가단20537

토지인도

Text

1. The defendant has each point of the attached Table 15 to 18, and 15, among the land area of 89,752 square meters in Seosan-si, Seosan-si.

Reasons

1. Facts of recognition;

A. The Plaintiff’s tide D (Death on September 11, 1980) purchased C forest land of 89,752 square meters (hereinafter “the instant forest”) at Seosan-si, and completed the registration of ownership transfer on December 6, 1965.

The plaintiff's attached E (Death on February 15, 2007) succeeded to some of the shares in the forest of this case from D, and the plaintiff succeeded to some of the shares from E.

B. On the instant forest land, there are 20 square meters-ground warehouses connected to each point of 1 to 14, 14, and 1 each point of 95 square meters in order to connect each point of 103 square meters in part, 15 through 18, and 15, and each point of 103 square meters in part, 103 square meters in part, 19 through 22, and 19 of the same drawing, and 20 square meters-ground warehouses connected to each point of 20 square meters in part, 23 through 26, and 23 of the same drawing, and 3 square meters-ground warehouses connected to each point of 20 square meters in part, each of the instant housing and warehouses are unregistered real estate.

The defendant set up each of the houses and warehouses of this case around 1994, and occupied and used them around that time.

C. At around October 14, 1994, E drafted to the Defendant a letter (No. 3, hereinafter “instant letter”) containing the following contents.

To enable another person to use this house, you undertake to pay to you the amount equivalent to 80,000 won and housing construction expenses paid to them, and if not, you will undertake to manage and give consideration for a long time with a thickness.

(except where it is not known to others). . [Grounds for recognition] without dispute, entry of Gap 1 through 6, each entry of Gap 1 to 5 evidence, the purport of the whole pleadings.

2. Determination on the cause of the claim

A. The gist of the Plaintiff’s claim for extradition of the first house of this case, E, which, in turn, permits the Defendant to reside in the first house of this case owned by him, thereby entering into a loan agreement for use. The Defendant contracted the said house.