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(영문) 창원지방법원 마산지원 2018.11.27 2017가단106001
토지인도
Text

1. The Defendant: (a) KRW 1,643,95 for Plaintiff A; (b) KRW 174,538 for Plaintiff B; and (c) for each of its money, from June 1, 2018 to October 1, 2018.

Reasons

1. Facts of recognition;

A. On May 31, 2017, the Plaintiffs completed the registration of ownership transfer for each 1/2 portion of 1,779 square meters (hereinafter referred to as “1 piece of land”) among the 1/2 shares of Changwon-si, Changwon-si D (hereinafter referred to as “1”) based on sale from E, April 28, 2017, and Plaintiff A completed the registration of ownership transfer for the reasons of sale on September 5, 2017, with respect to the F river 258 square meters (hereinafter referred to as “2 land”) from G on September 12, 2017.

B. On January 13, 1997, the right to collateral security (the maximum claim amount of KRW 39 million and the defendant) and superficies (the term of 30 years) were established on the land of KRW 3 and August 16, 2017, the ownership transfer registration was completed to the defendant on August 16, 2017.

C. Around January 13, 1997, the Defendant established a prefabricated panel building and other structures in the vicinity of the boundary of each of the above lands. The building, etc., connected each point of 1, 27, 26, 25, 24, 23, and 1 of the annexed drawings among the land No. 1, 28, 24, 25, 26, 27, and 27, in turn, connected each point of 2, 28, 24, 25, 26, 27, and 21, 22, 23, 1, and 21 of the same drawings among the land No. 2, connected each point of 10 square meters in the ship.

(hereinafter referred to as “breathe land”) d.

Plaintiff

A on February 12, 2018, from E and G, acquired the damage claim arising from the illegal possession of land Nos. 1 and 2 against his/her Defendant (from February 12, 2008 to the date of each transfer of ownership), and E, etc. notified the Defendant of the fact of transfer by content certification.

E. On July 2018, the Defendant, while proceeding in the instant lawsuit, delivered to the Plaintiffs, the land of “bb”, “creamble” part, and “v” part of the land to the Plaintiff.

F. From February 12, 2008 to May 31, 2018, the rent for the part of the land “bb” and “creamble” shall be KRW 2,586,730 in detail, in total, 2,586,730.

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