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(영문) 수원지방법원 2017.10.25 2016가단32816
건물명도
Text

1. The defendant shall appoint the plaintiff (appointed party) and the appointed party:

A. Attached 2. Of the buildings listed in the list 2 of real estate Nos. 1.

Reasons

1. Facts of recognition;

A. On February 29, 2016, the network A purchased the land listed in Attached 1’s list Nos. 1 (hereinafter “instant land”) and the building listed in Attached 1’s list Nos. 2 (hereinafter “instant building”) from G, and completed the registration of ownership transfer on March 7, 2016.

B. ① The Defendant, among the instant buildings, owns a 73 square meter in the ship that connects each point of 129 square meters in sequence among the items indicated in the annexed drawings 18, 6, 7, 8, 23, 22, 21, 20, 20, 19, and 18, and the same drawings 24, 25, 26, 27, 32, 33, and 24; ② among the instant land, the Defendant owns a 73 square meters in the ship that connects each point of 28, 29, 12, 13, 30, and 28 of the same drawings on the ground of 13 square meters in the ship, which connects each point of 13 square meters in order to each point of 30, 31, 32, 27, 28, and 300 square meters in the same drawings.

C. On June 2, 2017, the deceased on June 2, 2017 during the instant lawsuit, the deceased on the part of the deceased and became co-inheritors at the ratio of D, the deceased’s wife (appointed party; hereinafter only the Plaintiff), the appointed party E, and F. 3:2:2.2.

Accordingly, the plaintiff and the designated parties took over the lawsuit of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, and 6, the result of this court’s verification, the result of appraiser H’s survey and appraisal, the purport of the whole pleadings

2. Determination

A. According to the above findings of recognition as to removal and extradition request, the defendant is obligated to deliver the building of this case to the plaintiff and the designated parties seeking removal of interference 1 and 2 parts of the building of this case among the building of this case, unless there is no legitimate title to possess 1, 2, 3 and 4 parts of the building of this case among the land of this case, as the owner of the land of this case and the building of this case who seeks removal of interference 1 and 2 parts of the building of this case, and remove the building of this case, which is installed on the part of the ship and 4 parts of the container installed on the ship among the land of this

B. On the claim for restitution of unjust enrichment

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