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(영문) 대구지방법원 2018.06.14 2017가단119933
토지인도
Text

1. The defendant shall be the plaintiff.

A. Of the 214 square meters in Daegu Suwon-gu C, each of the attached appraisal marks 9, 10, 11, 12, 18, and 9 shall be marked.

Reasons

1. Facts of recognition;

A. On June 4, 2016, the Plaintiff purchased each of 144 square meters for Daegu Suwon-gu C, Daegu-gu and 70 square meters for D-70 square meters for each of the following reasons: (a) on June 30, 2016, and completed each registration of ownership transfer on June 30, 2016.

Around August 2, 2017, the said D land was combined with the said land C and became a Daegu Suwon-gu C large-214 square meters (hereinafter “instant land”).

B. The Defendant is a person who purchased on May 26, 2005 and completed the registration of ownership transfer on June 21, 2005, the Daegu Suwon-gu E land and its ground buildings adjacent to the instant land.

C. However, among the above buildings owned by the Defendant, toilets are located on the ground of 2 square meters on the part of the ship (hereinafter referred to as "the part on the ship of this case") connected in order to indicate the attached appraisal map No. 9, 10, 11, 12, 18, and 9 among the above buildings owned by the Defendant. The warehouse owned by the Defendant is located on the ground of 2 square meters (hereinafter referred to as "the part on the ship of this case") connected each point of 12, 13, 14, 17, 18, and 12, the same appraisal map No. 12, 13, 14, 17, and 12, the stairs owned by the Defendant are located on the ground of 2 square meters on the ship (hereinafter referred to as "the part on the ship of this case") connected in order to indicate the same appraisal map No. 14, 15, 16, 17, and 14.

In addition, the wall owned by the defendant is located on the line that connects each point of 9, 18, 17, 16, 19, and 4 of the same appraisal map.

[hereinafter] Therefore, the Defendant occupies the part of 22 square meters in the ship (hereinafter referred to as "b" in this case) connected each point of 1,2,3,4,19,16, 17, 18, 9, 10, and 1 among the land in this case, each point of which is indicated, among the land in this case.

The amount equivalent to the rent from July 1, 2016 to December 31, 2017 for the part in the instant ship (b) is KRW 1,376,980 in total, and the amount equivalent to the rent after January 1, 2018 is KRW 91,150 in each month.

[Ground] Facts without dispute, Gap's evidence, Eul's evidence Nos. 1 through 3, Eul's evidence No. 5, the survey by this court and the result of the entrustment of appraisal of rent, the purport of the whole pleadings.

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