(영문) 전주지방법원정읍지원 2016.02.16 2014가단7351

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(영문) 전주지방법원정읍지원 2016.02.16 2014가단7351

토지인도 등

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1. The defendant shall be the plaintiff.

A. Of the land size of 690 square meters in Jung-Eup-si, the attached appraisal marks 9, 5, 14, 15, 13, 10, 9 shall apply.

Reasons

1. Facts of recognition;

A. On March 7, 2012, the Plaintiff purchased the pertinent land, etc. and acquired its ownership during the voluntary auction procedure for the Jeonju District Court Branch DD branch of Jung-gu District Court (hereinafter “instant land”).

B. Since before the Plaintiff acquired the ownership of the instant land, the Defendant owns or installs a concrete framework building (hereinafter “each of the instant parts of the instant land”) on the ground of 5m2 in the attached Table No. 9, 5, 14, 15, 13, 10, 12, and 11 attached hereto, which connects each point of (a) part of the building on the ground of 5m2, which is part of the Plaintiff’s attached appraisal map No. 9, 5, 14, 15, 13, 13, 12, and 11; and (b) the same appraisal map connects each point of (b) part of the said part on the ground of 3m2,000 square meters, which connects each point of (c) part of the said building with the indication No. 16, 15, 14, 18, 17, and 16m2.

C. In addition, the instant building has outdoor equipment, ventilation apparatus, urban gas measuring apparatus and propane gas owned by the Defendant.

The rent from March 7, 2012 to January 6, 2016 of each of the instant parcels of land is KRW 1,569,000, and the rent as of January 7, 2016 is KRW 33,830,00 per month.

[Ground of recognition] In the absence of dispute, Gap evidence 1-1, the result of this court's request for survey and appraisal for appraiser E, the result of this court's entrustment for survey and appraisal for appraiser F, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant, barring special circumstances, such as the defendant's legitimate right to possess each part of the land of this case, removed each part of the building of this case, the land of this case owned by the defendant, which was constructed or installed on the ground of each part of the land of this case, and transferred each part of the land of this case. The defendant is in possession and use of each part of the land of this case.

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