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(영문) 청주지방법원 2017.05.19 2016가단2604
토지인도 등
Text

1. For the plaintiffs:

A. The Defendants are each indicated in the attached Form No. 9, 10, 11, 12, and 9, among the area of 5279 square meters and the area of 5279 square meters and areas, Cheongju-gu E.

Reasons

1. Facts of recognition;

A. On November 27, 2015, the Plaintiffs completed the registration of ownership transfer on the ground of sale due to voluntary auction with respect to each of 1/2 shares out of the 5279 square meters (hereinafter “instant land”) owned by Defendant D, Seo-gu, Seo-gu E prior to Jung-gu, Seo-gu, Seoul (hereinafter “instant land”).

B. On the land of this case, there are four square meters in feed - “inboard” portion, which connects each point of 9, 10, 11, 12, and 9, the Plaintiffs engaged in the patrol of each point of 748 square meters and 13, 14, 15, 16, and 13, and 17, 18, 19, 20, and 17, and 17, 17, 18, 19, 20, and 17, of the same drawings on the ship, which connects each point of 9, 10, 11, 12, and 9, prior to the acquisition of the land of this case.

C. As a result of the instant court’s commission of survey and appraisal, the area entered in the public register of the instant land was determined as 5051 square meters. From November 27, 2015 to October 24, 2016, monthly rent of 5,051 square meters of the instant land is KRW 1,029,000.

From September 9, 2005, the registration of livestock breeding business was completed in the name of Defendant C from September 9, 2005 to September 1, 2005, and the said two buildings in the process of voluntary auction are buildings other than those owned by Defendant D, and the appraised value is KRW 22,560,000 as of June 3, 2014.

E. Defendant C is the mother of Defendant D and the Defendants are mother and mother.

[Ground of recognition] A without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 2 and 4, the result of this court's request for measurement and appraisal to the Cheongju-dong Vice Governor of the Korea Land Information Corporation, the result of this court's appraisal of rent for appraiser G, the purport of the whole pleadings

2. Determination

A. The following circumstances acknowledged based on the facts of the judgment as to the cause of the claim and the purport of the entire pleadings, Defendant C actively claims that the aforementioned two fraternitys and two feed wirs own ownership, and the aforementioned two fraternitys were investigated as owned by Defendant D in the voluntary auction procedure conducted previously, and the land in this case is deemed as owned by Defendant D. In light of the fact that the land in this case is owned by Defendant D, the Defendants jointly run the wirs business on the land in this case.

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