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(영문) 대구지방법원 2017.02.10 2016가단110168
토지인도
Text

1. For the plaintiffs:

A. Defendant D connects each point of (A) No. 1, 2, 3, 4, and 1 in the attached sheet No. 2 (2).

Reasons

1. Facts of recognition;

A. The registration of transfer of ownership in the name of the Plaintiffs was completed on March 18, 2014 with respect to one half of the two-half of each share among the land size of 268 square meters in Seocheon-si, Seocheon-do, Chungcheongnam-do, Incheon District Court (Seoul District Court) issued on March 18, 2014 as the receipt of No. 8287, January 28, 2014

B. Defendant C, in turn, connects each point of (A) part of the warehouse, 5, 6, 7, 8, 5, and 5 of the same drawing, i.e., indication 1, 2, 3, 4, 5, 6, 7, 7, 8, 9, 10, and 11 of the attached sheet (i.e., indication 1, 4, 5, 6, 7, 15, 17, 17, 17, 18, 200 and 268 square meters of the attached sheet (hereinafter “instant land”) to the annexed sheet 1, 2, 3, 4, and 11 in order to connect each point of (a) the warehouse, 5, 6, 7, 8, and 5 of the same drawing, 9, 10, 112, 14, 15, 17, 18, 19, 219 and 29 of the instant building.

[Ground of recognition] In the absence of dispute, Gap evidence 1, Eul evidence 2-1, Eul evidence 1, Eul evidence 2-2, Eul evidence 1 and 2, the result of the on-site inspection by this court, the result of the appraiser F's survey and appraisal, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, Defendant C is obligated to remove the instant building to the Plaintiffs, the owner of the instant land, and deliver the instant land, and Defendant D is obligated to leave the instant building, unless there are special circumstances to the contrary.

B. The Defendants’ assertion 1) The Defendants’ assertion (the Defendant’s assertion is the following:

The land of this case is originally owned by the Gpe, and the land of this case was registered and managed in the name of H, which is the cause of the door.

Defendant C, around 1979, promised to use the instant land free of charge from the above door and sell the instant land preferentially to the Defendants when disposing of the instant land from the future door.

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