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(영문) 대전지방법원 서산지원 2017.01.20 2016가단853
건물인도
Text

1. Of the instant counterclaim, the part regarding the claim for return of unjust enrichment by the Defendant-Counterclaim Plaintiff F is dismissed.

2. Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The current status of each item listed in the separate sheet (1) and each item listed in paragraph (2) of the attached Table (hereinafter “instant house”) exist on the land listed in paragraph (1) of the attached Table and G ground. Of the land listed in paragraph (1) of the same Table, the number of items indicated in paragraph (1) of the same attached Table is 2, 3, 18, 17, 16, 15, 14, and 198 square meters connected each item in sequence among the land listed in paragraph (1) of the same Table.

(2) On the ground of the land listed in paragraph (1) of the attached Table No. 1, there exists a single-story warehouse listed in paragraph (3) of the same list owned by the Plaintiff A (hereinafter “instant warehouse”).

③ On the ground of the land listed in paragraph (4) of the attached Table No. 4, three single-story cultivation rooms listed in paragraph (5) of the same Table owned by the Plaintiff (hereinafter “each of the instant farming rooms”) exist.

B. On April 5, 2007, the Plaintiffs, who were owners of each land listed in the separate sheet Nos. 1 and 4, including the voluntary auction procedure for each land listed in the separate sheet Nos. 1 and 4, had completed the registration of creation of a mortgage over each of the above lands on April 5, 2007, the 630,000,000 won with respect to each of the above lands, and the debtor A, in the future.

② On December 22, 2009, the Plaintiffs completed the registration of ownership transfer with respect to each of the above lands to Nonparty H on December 18, 2009.

③ On October 15, 2010, Plaintiff F entered into a lease agreement with Defendant F with the terms that each item listed in the separate sheet was leased as KRW 20,000,000, and the period from October 15, 2010 to 36 months.

④ On April 4, 2012, at the request of the Seoul Agricultural Cooperative, which is the right to collateral security, the Defendant E purchased the land indicated in paragraph (1) of the same Schedule on January 17, 2013, and Nonparty J written out paragraph (4) of the same Table on March 5, 2013.

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