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(영문) 대구지방법원서부지원 2016.08.10 2015가단15591
토지인도
Text

1. The Defendants indicated in the attached Form No. 15, 16, 19, 20, 21, 24, 25, 26, and 15, among the land size of 691 square meters for the Plaintiff during the period of 691 square meters in Chungcheongnam-gun, Chungcheongnam-gun.

Reasons

1. Basic facts

A. The land in this case was originally owned by the deceased E, the father of the defendant B, and the defendant B completed the registration of ownership transfer on June 24, 1992 due to the "the inheritance by agreement division on November 26, 1986". On July 10, 1997, the defendant C completed the registration of ownership transfer on the ground of "the donation on July 7, 1997".

B. On July 31, 2002, the adoption agricultural cooperative completed the registration of creation of a neighboring mortgage on the instant land as a security for Defendant C’s loan claim. Based on this, the Daegu District Court filed an application for voluntary auction as F in Young-gu District Court Young-gu. The Plaintiff paid the sale price on June 22, 2007 with the highest price bid at the above auction procedure, and completed the registration of ownership transfer on the instant land on July 6, 2007.

C. On the land of this case, the above land was connected by the agricultural cooperative prior to the completion of the registration of the establishment of the neighboring mortgage to each point of 15, 16, 19, 20, 21, 24, 25, 26, 15 in order to the (f) section 60.7 square meters in the (f) section of the attached drawing, and the (f) section 16, 17, 18, 19, 19, and 16 square meters in order to connect the (g) section 16, 17, 16, 18, 19, 16, 16, 21, 22, 23, and 24 square meters in the (o) section 24, 24, 22, 23, and 24 square meters in the (f) section of the attached drawing, and each building of this case was not registered.

The Defendants, as married couple, are using the portion of 117 square meters in the ship (iv) connected in sequence of each point of 7,8, 17, 18, 12, 5, 6, and 7 of the same drawing in possession of the instant building, etc. as a site; and the portion of 117 square meters in the ship (v) connected in sequence of each point of 5, 12, 11, 14, 13, and 5 of the same drawing as a parking lot; and the portion of 88 square meters in the ship (c) connected in sequence of each point of 9, 10, 11, 12, 12, 18, 17, 8, and 9 of the same drawing is used as a field.

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