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(영문) 창원지방법원 2018.08.22 2018가단101799
토지인도
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On May 28, 198, the Plaintiff and E purchased a FJ 255 square meters (hereinafter “instant site”) from Kimhae-si on May 28, 198, and completed the registration of ownership transfer with respect to shares of 1/2 among the instant site on the 30th of the same month.

B. On January 4, 2018, the Plaintiff purchased 1/2 shares of E in the instant land from E and purchased the same month.

5. As to the above shares, the registration of the right to claim transfer of ownership was made on the basis of the reservation for sale.

【Reasons for Recognition】 Each entry of Evidence A 1 and 2, and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion without legitimate title owns each part of “A” or “C” as indicated in the separate sheet among the buildings constructed on the instant site without legitimate title, and occupies the instant site. The Plaintiff’s claim for removal of interference based on ownership or preservation of the jointly owned property, thereby seeking removal of the respective parts of the building and delivery of the site.

B. The purchaser of the judgment site did not receive the registration of ownership transfer.

In a case where a contract of sale and purchase has been delivered for the performance of the contract, it shall be deemed that the effect of the contract of sale and purchase has the right to possess and use the site. In a case where the buyer had a building on the site and used the site without compensation, unless otherwise agreed, the buyer shall be deemed to have the right to possess and use the site in the course of performing the contract of sale and

(Supreme Court Decision 92Da10197, 92Da10203 Decided July 28, 1992) according to each of the statements in Eul evidence Nos. 1 through 5 (including paper numbers), G (referring to the defendant Eul), H (referring to the defendant Eul), and I (the defendant Eul's mother) purchased a building on the site of this case and occupied the site of this case from around 1965. After the death of the above G, etc., J (the defendant Eul's mother), Defendant C, and Defendant D (hereinafter referred to as "J, etc.")

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