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(영문) 대전지방법원홍성지원 2014.02.12 2013가단10536

토지인도

Text

1. Among the instant lawsuit by the Plaintiff (Counterclaim Defendant), a provisional disposition is taken against Defendant D and the Plaintiff (Counterclaim Plaintiff) E religious organization Flus Association.

Reasons

1. Determination as to the main claim

A. On January 6, 2012, the Plaintiffs: (a) completed the registration of ownership transfer with respect to the land of 7,852 square meters (hereinafter “instant land”); and (b) completed the registration of ownership transfer with respect to the land of 7,852 square meters (hereinafter “instant land”); and (c) Defendant E religious Organization FIE (hereinafter “Defendant church”) owned the said land (3/7 shares in Plaintiff A”); and (d) around April 1985, Defendant E religious Organization FIE (hereinafter “Defendant church”) newly constructed a church building (hereinafter “instant building”) on the ground of 331 square meters (hereinafter “the instant part”) connected with each of the instant land in sequence among the instant land, with the indication 1,2,3,4,5,6,7,100 square meters in drawings; or (e) there is no dispute between the parties concerned; or (e) the overall purport of oral proceedings may be acknowledged by comprehensively taking into account the purport of evidence No. 1.

Therefore, the defendant church has a duty to remove the building of this case to the plaintiffs and deliver the occupied part of this case, unless there are special circumstances.

Meanwhile, the plaintiff also sought the removal and delivery of the part of possession of the building of this case against defendant D, the representative of the defendant church. However, since the occupied part of this case is possessed by the defendant church by owning the building of this case, the plaintiff's claim against defendant D, not the possessor of the occupied part of this case, is without merit.

B. The Plaintiffs asserted that the registration of provisional disposition should be cancelled on the instant land, since the registration of provisional disposition No. 14011, which was received on July 18, 201 by Defendant D’s Hongsung Branch Branch of Daejeon District Court, and the registration of provisional disposition No. 1762, which was received on January 30, 2012 by Defendant church, has been entered in the provisional disposition No. 1762, which was received on January 30, 2012, and there is no right to claim ownership transfer registration based on the completion of the acquisition by prescription, which is the right to be preserved

On the basis of the decision of provisional disposition by the court, the provisional disposition prohibited by the execution of the provisional disposition shall be registered by the court of execution.