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(영문) 의정부지방법원 고양지원 2018.05.30 2017가단79925
토지인도
Text

1. The defendant shall be the plaintiff.

(a) Attached Table 1, 2, 3, 4, 5, 6, 7, 8, 9.

Reasons

According to Gap evidence 1, 2, Gap evidence 3, Eul evidence 1, 2, Eul evidence 1 and 2, and the result of the appraisal commission for appraiser D, the following facts can be acknowledged and there is no counter-proof.

① Around 1981, E owned the Fdong in Gyeyang-gu, Seoyang-gu (the administrative district is indicated as the Gyeonggi-do Gri-do, Gyeonggi-do, and is indicated as the current administrative district; hereinafter referred to as “instant land”). At the same time, Dongsi H was transferred the ownership of the said land from E in around 1981.

H A. On July 28, 1996, upon death of July 28, 1996, the Plaintiff and his child, I and J jointly inherited the instant land.

② On January 14, 1975, Goyang-si completed the registration of preservation of ownership of the instant land and the instant land of Goyang-gu, Taeyang-gu, Kayang-gu, Koyang-gu, K-gu, mentmenbro mentmen and multi-story residential housing of 49.48 square meters (hereinafter “instant building”).

L has completed the registration of ownership transfer of the instant building on the ground of “sale on July 28, 1975,” and has paid from around 1996 that L was the tea as the price for the use of the instant land as the site for the instant building from around 1996. Since 2011, rent is KRW 50,000 per annum.

③ On January 2, 2012, M completed the registration of transfer of ownership on the instant building on the ground of “the legacy on October 14, 2011,” and the Defendant completed the registration of transfer of ownership on the ground of “the sale on June 20, 2014,” respectively.

④ The current status of the instant building located on the instant land is as follows: (a) the portion of the ship (a) in which the appraisal sheet was successively connected to each of the items in the attached Table 1, 2, 3, 4, 5, 6, 7, 8, 9, and 1; and (b) the entire status of the instant building, located on the instant land, is as follows: (a) the mentbrogate and the part (a) of the mentbromo

In light of the above facts, the Defendant’s duty to remove the instant dispute building and deliver the instant land to the Plaintiff, who is a right holder of the instant land, as an act of preserving jointly owned property, and the Plaintiff, who is a right holder of the instant land, as the final rent payment day after January 1, 2017 to the completion date of delivery of the instant land, as sought by the Plaintiff.

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