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(영문) 부산지방법원 2016.06.24 2015나17781
건물인도 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On May 2, 1986, the Plaintiff-friendly E completed the registration of transfer of ownership with respect to the 90.835 square meters of 1st floor of the 3rd floor of reinforced concrete sloping Dondong, Busan, Seo-gu, Busan, on May 2, 1986, on the 77.275 square meters of 3rd floor, respectively (hereinafter “instant commercial building”).

B. In around the end of 1986, the Plaintiff constructed the instant building (132 square meters of the first floor, 222 square meters of the second floor, 132 square meters of the second floor, 132 square meters of the ground (2), 4, 5, 84 square meters of the land attached to paragraph (1) among the 664 square meters of the F site in Busan, Busan, which is a state-owned land, and the land of the same 14,76 square meters among the 14,776 square meters of the G, which is owned by the construction company, and the land of the same 14,76 square meters of the land.

C. After constructing the instant building, the Plaintiff received a disposition of a fine for negligence in relation to the instant building from the head of Busan District Office, and paid a fine for negligence from January 27, 2010. In relation to the said state-owned land, the Plaintiff received notification from the Korea Asset Management Corporation to impose State-owned property indemnity, and paid indemnity, etc.

The defendant was awarded a successful bid for the instant commercial building in Busan District Court HH real estate auction procedure and completed the registration of ownership transfer in the future of the defendant around August 22, 1994.

E. The instant building constructed adjacent to the instant commercial building was not included in the subject matter of auction in the said voluntary auction procedure.

[Ground for Recognition: Unsatisfy, Gap 1 through 5, 8 (including satisfy number), the purport of the whole pleadings]

2. According to the above facts of determination as to the cause of the claim, it is reasonable to view that the building of this case is owned by the plaintiff. Since the defendant does not have any dispute between the parties, the defendant is obligated to deliver the above building to the plaintiff.

3. Judgment on the defendant's assertion

A. The defendant himself.

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