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(영문) 춘천지방법원원주지원 2017.12.06 2017가단31080
건물명도(인도)
Text

1. The Defendants shall deliver to Plaintiff A the 135 square meters of a warehouse of the E Emenmenment Group Emenrostre, the brick, the string of the string of the Plaintiff B.

2...

Reasons

1. Basic facts

A. Plaintiff A’s clan (hereinafter “Plaintiff clan”) is a clan consisting of F’s descendants, and Plaintiff B is the chairman of the Plaintiff clan, and the Defendants are the members of the Plaintiff clan.

B. G, a member of the Defendants, entered into a lease agreement with the Plaintiff on the land of 3,561 square meters (hereinafter “instant land”) prior to the E, Sinju, Sinju, and newly constructed a stable, toilet, septic tank, well, machine room, drying room, etc. (hereinafter “instant warehouse”) on the ground of the order (hereinafter “instant warehouse”).

G died on July 15, 2013, and among successors, the Defendants, a child, succeeded to the instant ground property.

C. The plaintiff clan decided to sell the land of this case to a third party, and agreed on compensation for the removal of the ground of this case on the land of this case with the defendants.

Plaintiff

On February 27, 2016, a clan entered into a sales contract with the Defendants to purchase KRW 47,000,000 on the ground of this case.

(hereinafter “instant sales contract”). On July 25, 2016, the Plaintiff clan paid KRW 47,000,000 to Defendant C for the said purchase price.

Plaintiff

A clan sold 274,00,000 won to H on June 7, 2016, the instant land, other than the instant land, which was offered for title trust in the name of a clan member, and around that time the clan completed the registration of ownership transfer to H.

E. On December 2016, the deceased G’s successors, including the Defendants, agreed to divide the instant warehouse into Defendant D’s sole ownership, and Defendant D completed the registration of ownership preservation on February 15, 2017 regarding the instant warehouse.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 5 through 7, Eul evidence Nos. 1, 3, 7, 10 through 12, witness I's testimony, and the purport of the whole pleadings

2. Judgment on the claim of the plaintiff clan

A. The plaintiff 1's argument is asserted by the parties.

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