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(영문) 청주지방법원충주지원 2017.04.19 2015가단20967
토지인도
Text

1. The defendant is against the plaintiff (appointed party) and the appointed party C

A. Attached 1 Map 29, 29.2 of the 6,358 square meters in the Audio-gun of Chungcheongbuk-gun.

Reasons

1. Facts of recognition;

A. The Plaintiff is an owner of 4/5 shares among D. D. 6,358 square meters (hereinafter “instant land”), and 1/5 shares of 1/5 shares among the instant land.

B. On May 28, 2013, the Defendant purchased a building on the instant land (No. D subparagraph 8, Chungcheongnam-gun, Chungcheongnam-gun), and completed the registration of ownership transfer on May 28, 2013. On June 2013, the Defendant concluded a lease agreement without separately setting the lease term separately for the portion of “Ra” in the ship connecting each point of 1, 2, 3, 4, 5, 6, 7, 8, 9, and 1 in sequence among the land in the instant case and the designated parties C and the instant land.

(hereinafter “instant lease agreement”). Accordingly, the Defendant paid each of the amount of KRW 600,000,000 on June 27, 2013, and KRW 700,000 on February 11, 2014 to the designated parties C, respectively, under the pretext of rent.

C. After the conclusion of the instant lease contract, the Defendant extended the building on the instant land. At the same time, among the instant land, the Defendant: (a) attached Table 1. 29, 30, 31, 32, 33, 34, 35, 36, 36, and 29 attached hereto; (b) attached Table 1. 29, 30, 37, 38, 39, 40, 41, 42, and 37: (c) the portion on the ground of 23 square meters of land; (d) the portion on the ship connecting each of 23 square meters of land; (b) the portion on the ground of 43,44, 45, 46, and 43 with each of 20 square meters of land; (c) the portion on the ground of 47, 48, 49, 50, 52, 53, 54, 56, 57, 647.

(hereinafter referred to as “instant building” in total) D.

On June 5, 2014, the Plaintiff and the Appointed C used the instant building on the instant land without permission by the Defendant, and thus, the instant land.

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