logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원통영지원 2016.10.27 2015가단24897
토지인도
Text

1. The plaintiff's claim against the primary defendant is dismissed.

2. Preliminary Defendant: the Plaintiff

(a) the annexed list;

Reasons

1. Determination as to the claim against the primary defendant

A. On February 9, 2015, the owner of a building under construction on the land listed in the separate sheet of the main defense against the main defense of the primary defendant was treated as the primary defendant C on the ground that the owner of the building under construction on the land listed in the main defense against the main defense against the primary defendant was reported to the primary defendant C, and thus, the lawsuit against the primary defendant B is not a party standing. 2) The lawsuit against the primary defendant B is not a party standing. In the lawsuit for payment, the plaintiff's own claim is standing, and the judgment is added to the decision of the propriety of the claim. Thus, the claimant of his claim for payment is a legitimate plaintiff and the person asserted as the obligor is the legitimate defendant (see Supreme Court Decision 94Da14797, Jun. 14, 1994). Thus, the defense against the main defense against the primary defendant is not accepted.

B. 1) The Plaintiff asserts that Defendant B is the owner of a building under construction on the ground specified in the separate sheet. 2) The evidence of the Plaintiff’s submission alone is insufficient to acknowledge the above assertion, and there is no other evidence to acknowledge it.

3. Therefore, the plaintiff's claim against the primary defendant is without merit.

2. Determination on the claim against the conjunctive defendant

A. On February 27, 2013, the primary Defendant is the land indicated in the attached Table (hereinafter “instant land”) on February 27, 2013 to the Mayor of Dongo-gu.

(B) Detached housing (main structure: general wooden structure, roof: Other roof (a wooden slope, sloping); hereinafter referred to as the “instant housing”).

2) On February 26, 2014, the Plaintiff filed a report on construction, substantial repair, and alteration of the purpose of use with the content of newly constructing 4 units, and the Defendant filed the said report on May 2, 2013. (2) Preliminary Defendant completed the registration of transfer of ownership on the instant land as the head of Changwon District Court Dao registry office (hereinafter “Dao registry office”) No. 10821, Feb. 26, 2014.

3. The preliminary defendant is the housing in this case to the head of the Dong-gu City on January 27, 2015.

arrow