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(영문) 인천지방법원 2014.09.23 2013가합30741
토지인도 등
Text

1. For the plaintiffs:

A. Defendant C is each point of the Attached Form No. 18, 16, 17, and 18 among the real estate listed in the Attached List.

Reasons

1. Basic facts

A. Plaintiff A shares 247/823 shares, and Plaintiff B shares 576/823 shares, respectively, to the people sharing real estate listed in the separate sheet (hereinafter “instant real estate”).

The Plaintiffs purchased the instant real estate from M around July 5, 1989, and completed the registration of ownership transfer as to each of the said co-ownership shares among the instant real estate on July 18, 1989.

B. Defendant C, D, E, and F are those who without title construct and own buildings and ancillary facilities on the ground of the instant real estate without title.

Defendant C is on the ground of each part of the land indicated in the Disposition No. 1-A of the instant real estate; Defendant L is on the ground of each part of the land listed in Disposition No. 1-B of the instant real estate; Defendant E is on the ground of each part of the land listed in Disposition No. 1-C of the instant real estate; Defendant F is on the ground of each part of the land listed in Disposition No. 1-D of the instant real estate; and Defendant F is on the ground of each part of the land listed in Disposition No.

C. Defendant G, H, I, J, and K are those possessing the instant real estate by leasing the instant real estate building without any title.

Defendant G leased from Defendant C, the part of the land indicated in the Disposition No. 2-A of this case among the instant real estate, and Defendant H leased from Defendant E, the part of the land indicated in Disposition No. 2-B of this case among the instant real estate, Defendant A leased from Defendant E, and the part of the land indicated in Disposition No. 2-C of this case among the instant real estate, and Defendant J leased from Defendant F, and the part of the land indicated in Disposition No. 2-D of this case among the instant real estate, and Defendant K leased from Defendant F, respectively.

[Ground of recognition] A without dispute, Gap evidence Nos. 1, 4, 5, 10, 11, and Eul evidence Nos. 7 (including branch numbers) and images, appraiser N's appraisal results, and the purport of the whole pleadings.

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