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(영문) 창원지방법원진주지원 2016.01.13 2015가단30547
토지인도
Text

1. The defendant shall remove the machinery and equipment located in the building listed in the attached list No. 2 from the plaintiff corporation B.

Reasons

1. Basic facts

A. On April 23, 2009, Plaintiff A completed the registration of ownership transfer with respect to 1/2 out of 33,790 square meters of land D, Jinju-si prior to the division owned by Plaintiff B (hereinafter “Plaintiff electric power plant”). Plaintiff electric power plant completed the registration of ownership transfer with respect to the shares of 8,265/3,790 square meters of land owned by Plaintiff E (hereinafter “E”) on September 28, 2009.

B. On November 21, 2012, the land before subdivision was divided into four parcels, including F forest land 5,873 square meters (hereinafter “land after subdivision”). Among them, the said F was subject to registration conversion on November 27, 2012, and its land category and area were changed.

C. On March 19, 2014, E completed the registration of ownership transfer on the land ownership transfer with respect to 8,265/33,790 shares in the land, including the instant land, after dividing the land to the Defendant.

On the ground of the instant land, there is a building listed in attached Table 2 (hereinafter “instant building”), and the Plaintiff’s power plant completed registration of initial ownership on November 26, 2012.

The building of this case is installed with machinery, apparatus, etc. necessary for solar power generation inside and used as a solar power plant room. On the ground of this case other than the building of this case, the building of this case is used as a site for solar power plants due to solar power facilities installed by E.

E. On March 7, 2014, the Defendant purchased solar power generation facilities and machinery and apparatus (abridged batteries, rupture apparatus, etc.) including the instant building from E.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 10 and 12 (including each number), video, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff 1's assertion that the plaintiff 1's power plant obtained a building permit for the building of this case in its name, and Eul constructed the building of this case under the construction contract with the plaintiff 1's power plant and E.

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