logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원경주지원 2017.07.18 2016가단13133 (1)
토지인도
Text

1. According to the record of 466m2, the Defendant: (a) stated the Plaintiff in the claim of this case, “Gyeongju-si Co., Ltd. 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner who completed the registration of ownership transfer on February 20, 2014 with respect to the remainder of 1/4 shares on the three-fourths of 3/4 shares, among the land of this case (hereinafter “instant land”) in racing-si, and on July 21, 2014 with respect to the remainder of 1/4 shares.

B. The Plaintiff filed the instant lawsuit with the Defendant and D, E, F, and G (hereinafter “Defendant and four other persons”) as co-defendants. However, the decision of recommending reconciliation was finalized with respect to the remaining Defendants other than the Defendants prior to the closing of the argument in the instant case. As regards the 1035 square meters of H, P, P, and H land adjoining the instant land (hereinafter “H land”), the Plaintiff is a co-owner who completed the registration of transfer of ownership as indicated below.

Inheritance of June 21, 2005, respectively, on April 20, 2007, as the grounds for the registration of shares owned by the parties, Defendant B 1/2, 2007, including trading D, E, F, G, 129.375/1035, respectively.

C. Part of the H-Land Building (hereinafter “instant building”) currently owned by the Defendant and four other parties is located on the ground of the part “bb” (hereinafter “instant dispute land”) connected in sequence with each point of the instant land indicated in the annexed drawing Nos. 1, 2, 3, 4, 5, 6, and 1 among the instant land.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including branch numbers if there are branch numbers; hereinafter the same shall apply), the purport of whole pleadings

2. According to the above facts of recognition as to the cause of the claim, unless there are special circumstances, the defendant is obligated to remove the part of the building on the ground of the dispute of this case and deliver the land on the dispute of this case to the plaintiff who exercises the right to claim the exclusion of disturbance based on ownership.

3. Judgment on the defendant's defense

A. On February 5, 1979, I, the summary of the argument 1 defendant, purchased 1/2 shares out of H land and completed the registration of ownership transfer on the said shares, and then newly constructed the instant building under consultation with J as to the land owner at the time of construction of the instant building.

arrow