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(영문) 수원지방법원 2019.05.23 2018가단550851
토지인도
Text

1. Defendant B Co., Ltd. indicated in the attached Form No. 22, 23, 26, 27, out of the area of 24931 square meters of land in Yeongdeungpo-gu Seoul Special Metropolitan City D forest land in Permitted-gu to the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. Comprehensively taking account of the overall purport of the pleadings as to Gap evidence Nos. 1 through 4 against defendant Eul corporation, the plaintiff purchased from Eul on March 27, 2018 the land of this case 24931mm2 (hereinafter "the land of this case") for the purpose of completing the registration of ownership transfer under the receipt of Suwon District Court's Registration Office No. 51507 on March 28, 2018, and the defendant Eul corporation acquired the ownership of the land of this case as to the land of this case on March 28, 2018, and around March 22, 2018, as to the land of this case, the land of this case was installed within the line connecting each point of (i) the part No. 27m2 and the part No. 23,24,25,26,27, and 222 indicated in the annexed drawing Nos. 1 and the part No. 27m27 of this case's land of this case.

According to the facts of recognition, Defendant B Co., Ltd. is obligated to collect 27 square meters of containers in the line (i) part of (ii) connected each point of the attached Form No. 22, 23, 26, 27, and 22 among the land in this case, and 23, 24, 25, 26, and 23 of the same drawings, and to deliver each part of the pertinent land to the Plaintiff, and to collect 27 square meters of containers in the line (ii) connected each point of the above.

B. The Plaintiff filed a claim against Defendant C with the Defendant B Co., Ltd. for the following reasons: “The Defendant C is obligated to collect each of the above containers installed on the instant land along with the Defendant B Co., Ltd., and deliver each of the pertinent parts of the said land to the Plaintiff and deliver each of the said parts to the Plaintiff.” The purport is that “The part (i) part (ii) within the line connected with each of the said parts in sequence with each of the said parts of the said items, and (ii) part (ii) within the line connected with each of the said parts of the said items, 23, 26, 27, and 22, and 23, 23, 24, 25, 26, and 23 are installed.”

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