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(영문) 전주지방법원 정읍지원 2021.01.12 2019가단13542
토지인도
Text

The defendant shall each point of the attached Form 1 through 22, and 1 among the land size of 15193m2 in order for the plaintiff to be 15,000m2.

Reasons

In the event of the duty of delivery of trees, C Forest land 15193 square meters (hereinafter “instant land”) was originally owned by the Defendant. Of the above land, the attached appraisal was also indicated as “1” and “Cream” portion of the said land, and the Plaintiff acquired the ownership of the said land and trees through compulsory auction on April 19, 2019 (Evidence A 6), and even at present, the said trees are owned by the Defendant.

Therefore, the defendant is obligated to deliver the above trees to the plaintiff.

Of the instant land, there is a single-story on the size of 57.2 square meters of the land located within the scope of the lower court, among the land in this case where the Plaintiff is obligated to pay the land rent, and there is a single-story warehouse on the size of 24 square meters of the area adjacent to the lower court, and all of the Defendant owned the land. The Defendant acquires the ownership of the said land in the compulsory auction procedure, following the acquisition of the ownership of the said land,

Therefore, the defendant is obligated to pay to the plaintiff 40,260 won (from April 19, 2019 to April 18, 2020 to April 18, 2020 the land rate of 18,880 won or less, 7,920 won or less of the part of the branch office of a local government which is located within the scope of a local government by April 19, 2020 to October 14, 2020, 3,980 won or more of the part of the branch office of a local government which is located within the scope of a local government, and from October 15, 2020 to the date on which the defendant's possession of the land was completed (the plaintiff is entitled to the date on which delivery was completed, but there is no obligation to deliver to the defendant, and thus, it is recognized as the amount of money to be paid to the plaintiff by the date on which possession was completed) monthly 2,290 won (the portion of the local government's land.

When the Defendant owned the instant land, he/she had installed and managed a grave on the part of the “bb” as indicated in the attached appraisal.

Therefore, according to the Plaintiff’s acquisition of ownership of the above land during the compulsory auction procedure, the Defendant shall acquire the right to grave base for the above part of the land.

One of the defendants is disputing the scope of the above grave base right, so that the plaintiff is entitled to do so.

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