(영문) 수원지방법원여주지원 2019.05.29 2018가단56362

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원여주지원 2019.05.29 2018가단56362

토지인도

Text

1. The defendant shall be the plaintiff.

A. Of the lands listed in No. 1 of the attached list No. 1, the indication of the annexed drawing No. 1, 2, 3, 4, and 1.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff owned each of the lands listed in the separate sheet (hereinafter “each of the instant lands”). Of the lands listed in the separate sheet No. 1, the conciliation was established between the Defendant and the Defendant, among the land listed in the separate sheet No. 1, the following: (a) the Defendant owned each of the instant land wooden wooden fixtures (hereinafter “instant sperm”) with 15 square meters above the portion of “1” in the attached sheet No. 74 square meters connected with each of the items in sequence 5,6,7,8, and 5 of the same drawings; (b) the Defendant occupied each of the instant land; (c) the Defendant occupied each of the instant land; and (d) the Plaintiff and the Defendant constituted conciliation with the content that “the Defendant removed the instant container to the Plaintiff and delivered each of the instant land to the Plaintiff; and (e) the fact that the execution of each of the instant land was impossible due to possession, etc.

According to the above facts, the defendant is obligated to remove the container and sperm of this case to the plaintiff and deliver each land of this case to the plaintiff.

B. Furthermore, the Plaintiff seeks collection of corporeal movables and any other corporeal movables owned by the Defendant on each of the instant lands (hereinafter “instant corporeal movables, etc.”)

If the purport of the Plaintiff’s above assertion is based on the premise that the corporeal movables, etc. of this case are a non-settlement of each land of this case, the corporeal movables, etc. of this case are naturally included within the concept of delivery of each land of this case (Article 258 of the Civil Execution Act), so it is unnecessary to issue an order to take place separately from delivery.

If the purport of the instant assertion is to seek collection on the premise that the instant corporeal movables, etc. were fixtures attached to each of the instant lands, the evidence No. 5 alone was specified.

It is insufficient to recognize that each of the instant land was an object attached thereto, and otherwise, evidence to acknowledge it.

참조조문

-민사집행법 제258조

유사 판례

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