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(영문) 인천지방법원 2017.01.12 2015가단203126

건물명도 등

Text

1. The defendant is against the plaintiff effective city development corporation.

(a) An indication of the Attached Map 61, among the lands listed in the Attached List 5.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 through 15, the results of the cadastral survey by the appraiser, the vice governor of the Incheon Northern National Land Information Corporation, and the purport of the entire pleadings as a result of the appraisal by appraiser B.

1) Ownership of real estate 1) Development Co., Ltd. (hereinafter referred to as “Plaintiffs”) of Filisung City.

(A) is the owner of the 1/3 share of the real estate listed in the separate sheet Nos. 1, 2, and 3 and is the owner of the 1/3 share of the land listed in the separate sheet No. 5.

On May 20, 2008, the Plaintiff entered into a trust contract with Nonparty C with respect to land No. 4 in the separate sheet and received the registration of ownership transfer. 2) Of the land listed in the separate sheet No. 5 in the separate sheet No. 61, 62, 63, 64, and 61, Nonparty D acquired “B 1” portion of “B 1” at the time of Nonparty D’s original acquisition. On August 27, 2004, Jinna Co., Ltd. purchased it from D. on October 29, 2009. < Amended by Presidential Decree No. 21034, Oct. 29, 2009>

3) Of the attached list 4 land, the portion of “Da1” portion of the “Da1” portion of the attached drawings connected in each order of 65,66,67,68,69, and 65, among the land in the attached list 4, was originally acquired by Non-Party C. On August 27, 2007, Non-Party Tae Young Industrial Co., Ltd. (Before the alteration: White Construction Co., Ltd.) purchased it from C. on May 20, 2008.

B. From October 30, 2009, the Defendant with respect to the possession and use of real estate: (a) the portion of “Na1” on the unauthorized building connected with each point of 61, 62, 63, 64, and 61 indicated in the separate sheet among the land listed in the attached sheet No. 5 as indicated in the annexed sheet, and the portion of “Da1” connected in each order of 65, 66, 67, 68, 69, and 65 among the land listed in the annexed sheet No. 61, 62, 63, 64, and 61 in the annexed sheet, and the portion of “Da1” connected each point of 65, 66, 68, 69,