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(영문) 의정부지방법원고양지원 2016.06.01 2015가단88833
토지인도
Text

1. The Defendant shall have the 1st floor of a general steel structure on the ground of 1833 square meters of land for a factory in Pakistan-si to the Plaintiff.

Reasons

1. Around October 2005, D’s land for factory (hereinafter “instant land”) was owned by E at the time of a strike of basic facts, and the ownership transfer registration was made on October 1, 2015 on the ground of public sale.

On September 22, 2011, F, on September 22, 2011, the details of the date, the ownership registration of the instant building (the 1st floor of the general steel structure and the 464.4 square meters of the 1st floor of the general factory of the 3rd roof) is registered on the instant land by the New Bank of Korea on September 30, 201, on the ground that, on September 22, 2011, the ownership transfer registration was made in the name of B, on September 30, 201, on the ground of sale on September 22, 2011, the right to claim the revocation of the fraudulent act was a preserved right, and the ownership of the instant building is listed as follows:

In a lawsuit for revocation of a fraudulent act filed by Ansan Agricultural Cooperatives against the litigants, etc. of B (Korean Government District Court Decision 2013Na9728), and “The sales contract concluded between B and F with respect to the building of this case on September 2, 2011 is revoked, and the trustee in bankruptcy of B Co., Ltd., which is the taking over of the lawsuit of B Co., Ltd., shall implement the procedure for cancellation of ownership transfer registration completed under No. 69465, Sept. 22, 2011 to F, the registration office of the High Government District Court senior branch of B Co., Ltd., which was completed as of September 22, 2011,” the judgment was sentenced to July 4,

【Ground for Recognition: Each entry of Gap 1 to 3, Eul 1 to 4】

2. According to the facts of recognition as to the plaintiff's cause of claim, the ownership of the building of this case exists to the defendant, and there is no legitimate source of right to possess the land of this case. Thus, the defendant is obligated to remove the building of this case and deliver the land of this case to the plaintiff.

3. Judgment on the defendant's assertion

A. The defendant's assertion ① in the above fraudulent act lawsuit, it is apparent that the registration of ownership transfer in the name of the defendant should be cancelled with respect to the building of this case against the defendant, and ② the building of this case is in progress (the G of this court).

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