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(영문) 창원지방법원마산지원 2016.10.19 2016가단1130
토지인도
Text

1. The Defendant is an assembly-type panel on the ground of 853 square meters in Changwon-si, Changwon-si and the Appointee C.

Reasons

1. Facts of recognition;

A. On May 27, 1981, the Defendant completed the registration of ownership transfer with respect to the 853 square meters (hereinafter “instant land”). On March 17, 1997, the Defendant completed the registration of ownership registration with respect to the 195.76 square meters on the instant land’s land title 1, 5.76 square meters, 195.83 square meters on the 19.83 square meters on the roof of the wood structure splate roof (hereinafter “former building”).

B. On January 27, 200, the Defendant completed the registration of the establishment of a mortgage over the maximum debt amount of KRW 64 million in the future of the Musan Fisheries Cooperatives, and on February 19, 2000, the registration of the establishment of a mortgage over the maximum debt amount of KRW 60 million in the future of the E Musan Fisheries Cooperatives.

C. The instant previous building was destroyed by fire on or before April 30, 2012, and the Defendant started construction on or before April 30, 2012 on the instant land and thereafter constructed a single-story house 107.4 square meters (hereinafter “instant building”).

As to the instant land, in the case of the auction of the real estate rent of Masan District Court, which was commenced on April 6, 2012, the land of this case was jointly purchased at the ratio of the Plaintiff (Appointed Party) and the appointed parties G, and C at the ratio of 8:1:1, and on February 11, 2016, G completed the registration of ownership transfer on the instant land, and on June 24, 2016, G completed the registration of ownership transfer in the name of the Plaintiff (Appointed Party) as to 1/10 of the instant land among the instant land.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 6 and the purport of the whole pleadings

2. As to the cause of the claim

A. According to the above facts, the defendant is obligated to remove the building of this case to the plaintiff (appointed party) and the Appointed C, who is the owner of the land of this case, and deliver the building of this case to the 107.4m2 of the above land.

B. The Plaintiff (Appointed) asserts that G is the co-owner of the instant land, and against the Defendant, G is to remove the instant building and remove it.

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