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(영문) 의정부지방법원 2020.07.16 2019가합58483
토지인도 등
Text

The defendant shall order each point of Attached Form 1, 2, 3, 4, and 1 of Attached Form 2 on the ground of the land listed in the attached Table 1 list to the plaintiff.

Reasons

1. Facts of recognition;

A. On March 29, 2019, D, the former owner of the land of this case (hereinafter “instant land”) completed the registration of ownership transfer on the ground of sale on March 14, 2019 with respect to the E-regional housing association (hereinafter “instant association”) on March 29, 2019. On April 10, 2019, the instant association completed the registration of ownership transfer on the ground of trust to the Plaintiff on April 8, 2019.

B. The Defendant installs a vinyl house with a size of 115.1 square meters on the part inside the ship connected in order to each point of Annex 1, 2, 3, 4, and 1 on the ground indicated in the attached Table 1 list among the instant land (hereinafter “instant vinyl house”) and resides in the said vinyl house.

The instant vinyl is an unregistered establishment without permission.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the facts of recognition of the Defendant’s removal and delivery duty, the Defendant owned the instant vinyl on the ground of the main part of the instant land owned by the Plaintiff, thereby hindering the Plaintiff’s exercise of ownership. Thus, insofar as the Defendant did not have a title to possess and use the key part of the instant land, the Defendant is obliged to remove the instant vinyl to the Plaintiff and deliver the key part of the instant land to the Plaintiff.

B. 1) The summary of the Defendant’s assertion on the Defendant’s assertion, etc. is as follows: (a) the Defendant leased the key part of the issues from D, the former owner of the instant land, and established the instant vinyl house on that premise; (b) the instant association succeeded to the lease agreement between the Defendant and D while purchasing the said land from D.

Therefore, the defendant has a legitimate right to possess and use the key part in accordance with the above lease agreement, and the plaintiff who was entrusted with the land of this case by the association of this case shall raise objection to the defendant against the above lease agreement

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