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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's summary of the plaintiff's assertion has completed the registration of initial ownership relating to the apartment as stated in the attached list (hereinafter "the apartment of this case").
However, since the defendant occupies the apartment of this case without permission, the defendant is obligated to deliver the apartment of this case to the plaintiff as a performance of the duty of exclusion from disturbance based on ownership.
2. Facts of recognition;
A. On April 22, 2002, the Plaintiff jointly purchased G land of Eunpyeong-gu in Seoul and paid the full amount of a loan of KRW 190 million from H agricultural cooperatives around May 2002. On May 2, 2002, the Plaintiff completed each registration of ownership transfer as to the share of KRW 1/2 of the F and the said G land, and H agricultural cooperatives completed each registration of ownership transfer as to the share of KRW 1/2 of the Plaintiff and the maximum debt amount of KRW 266 million.
On the other hand, on August 22, 2002, the registration of ownership transfer was completed in the name of F on the one-half portion of the above G land.
B. On October 16, 2002, J planned a project to build apartment units on the above G land (hereinafter “new apartment units”) (hereinafter “instant project”) on the surface of the above G land and the land adjacent thereto, from November 14, 2002 after obtaining a building permit to build a new building on the above G land from the head of Eunpyeong-gu Office. On February 11, 2003, the J planned a project to build apartment units on the 19 household units on the ground of the above G land and the land adjacent thereto (hereinafter “new apartment units”). On February 11, 2003, the respective owners of the six households EM, M, N, P, Q, Q, R (hereinafter “non-six persons”) and C Co., Ltd. (hereinafter “C”) holding a comprehensive construction license as follows.
If possible, it shall be stated as it is the original text so that there is no possibility of misunderstanding.
(hereinafter the same shall apply)
A: Estrecting Housing Business Operators, B: C (State) Estrecing joint business operators: L, M, N,O, P, Q, R.