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(영문) 수원지방법원 2014.01.16 2012가단40277
건물인도
Text

1. The Defendant connects the Plaintiff with the attached Table 1, 2, 3, 4, 5, 6, and 1, among the land size of 8,926 square meters of C forest land in Sungsung-si.

Reasons

1. Facts of recognition;

A. On May 9, 2012, the registration of ownership transfer was made on the land of 8,926 square meters of C forest land (hereinafter “instant land”) in the name of the Plaintiff on the grounds of sale due to voluntary auction in the name of the Plaintiff.

B. Of the instant land, the attached appraisal sheet Nos. 1, 2, 3, 4, 5, 6, and 1 are located in each section of the ship, which connects each point of 7, 8, 9, 10, and 7 of the same map Nos. 254 square meters and 11, 12, 13, 14, 15, 16, and 11 each part of the same map No. 254 square meters and 11 of the same map No. 11, 12, 13, 14, 15, 16, and 11 in sequence, and the instant building was newly constructed by the Defendant around 1986.

[Ground of Recognition: Facts without dispute, entry of Gap evidence 1, appraiser D of this court and appraiser D of each court's request for measurement and appraisal of Eul, fact inquiry results of this court's cadastral branch, purport of the whole pleadings]

2. The parties' arguments and the judgment on them

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to remove the building of this case to the plaintiff and deliver the site to the plaintiff, unless there are special circumstances.

B. (1) The defendant's argument regarding the defendant's argument (1) is that the land in this case is owned by the defendant's Siberter and is owned by the non-party F and the non-party H, the husband of the defendant, succeeded to the land in this case. The non-party H, the fifth degree of G, obtained a false judgment and completed the registration of ownership transfer concerning the land in this case. Since the above registration of ownership transfer and the registration of ownership transfer based thereon are null and void, the plaintiff's claim in this case cannot be complied with or the land in this case was owned by the defendant, and therefore, the land

(2) In full view of the purport of the entire pleadings in the items of evidence Nos. 1, 1, 1, and 2, Nonparty 1, who is the Defendant’s Simbol in the Gu forest register of the instant land.

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