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(영문) 수원지방법원 2018.08.22 2017가합25430
토지인도
Text

1. The defendant shall deliver each land listed in the separate sheet No. 1 to the plaintiffs, and in each building listed in the separate sheet No. 2.

Reasons

Basic Facts

On May 20, 201, G Co., Ltd. (hereinafter “G”) acquired H field 742 square meters, I land for factory, 5,095 square meters (as described in paragraph (1) of the attached Table 1 as of June 10, 201; division as described in attached Table 1 list 2 through 9 as of March 24, 2014; hereinafter referred to as “each of the instant lands”) with respect to each of the instant lands in the Industrial Bank of Korea; on each of the instant lands, the Industrial Bank of Korea registered the establishment of a mortgage on February 2, 2012 with respect to each of the instant lands, and registered the establishment of a mortgage on the neighboring land owned by G debtor, the maximum debt amount of KRW 5,000,000,000, and the establishment of a mortgage on August 1, 2012 with respect to each of the instant lands registered by G debtor, respectively.

G entered into a construction contract with the Defendant on April 4, 2014 with the content that the construction cost of KRW 1,430,000,000 shall be decided on April 21, 2014; the time of commencement; and the time of completion on August 30, 2014, to newly construct each building listed in the attached Table 2 (hereinafter “each building of this case”) on the land listed in the attached Table 1 List 2.

On March 2, 2017, the Korea Asset Management Corporation completed a public auction auction notification on each of the instant lands, and the Plaintiffs completed the registration of ownership transfer for each of the instant lands on October 17, 2017, thereby acquiring shares of 10/100, 29/100, 29/100, 18/100, 28/100, and 15/100.

At the time when the plaintiffs acquired ownership of each land of this case, G completed each of the buildings of this case and G was the original state of acquiring each of the buildings of this case.

The Defendant asserted the right of retention on each of the instant lands and each of the instant buildings and possessed them.

[Ground of recognition] Fact that there is no dispute, each entry of Gap evidence Nos. 1 through 4 (including a branch number if there is a serial number), and the judgment of the court as to the cause of claim as a whole of the pleadings, barring any special circumstance, the defendant is a co-owner of each of the lands of this case.

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