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(영문) 수원지방법원 2018.09.18 2016가단555494
건물인도
Text

1. The Defendant indicated in the attached Form 20, 21, 22, 23, 24, 25, 25, and 20,000 square meters of C forest land 13,567 square meters of land in Sungsung-si.

Reasons

1. Determination on the cause of the claim

A. (1) On November 13, 1982, the Plaintiff concluded a sales contract with regard to F forest land 13,567 square meters (hereinafter “instant land”) and the above ground cement block, detached house 48.06 square meters in storage (hereinafter “instant building”), 64.3 square meters in storage (hereinafter “instant building”), and 14.87 square meters in detached house (hereinafter “instant building 2”) owned by the Plaintiff on November 13, 1982, by setting the sales price as KRW 93.6 million.

(2) Thereafter, on January 11, 1983, the Plaintiff, G, and H decided to jointly purchase the instant land, I forest land of 1,718 square meters (hereinafter “I land”) and J forest of 527 square meters (hereinafter “J land”), and completed the registration of ownership transfer with respect to shares of 1/3 of each of the above land on January 11, 1983.

Since then H sold its shares in I's land and J's land (1/3) to K and completed the registration of transfer of that shares.

(3) On December 20, 1993, L purchased each ownership share (total 2/3) of L with respect to land and J land from G and K and completed the transfer registration on January 21, 1994.

(4) In around 2004, the Plaintiff extended the instant building No. 1 to 130 square meters (in sequenced with each point of 20,21, 22, 23, 24, 25, and 20 attached Form No. 20), and occupied and used the instant housing and the instant building No. 2 (in sequenced with each point of 16, 17, 18, 19, and 16 attached Form No. 16; hereinafter “the instant warehouse”).

[Ground of recognition] Facts without dispute, Gap's entry in Gap's 3 through 6, 9 through 18, 20 evidence (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

B. (1) Determination: (a) Once a person who purchased a building without registering the building from a person who acquired the ownership from the person who originally acquired the building by constructing the building, received delivery from the seller.

Even if the seller is obligated to register the transfer of ownership in the future, the seller is obligated to do so.

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