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(영문) 광주지방법원 2015.05.15 2014나11341
건물인도 등
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

The Plaintiffs seeking to transfer the real estate of this case on the basis of ownership to the Defendant and at the same time seek confirmation of ownership.

A lawsuit for confirmation is allowed only when the defendant is the most effective means of a judgment on confirmation against the defendant, which is the most effective means to eliminate the anxiety and risk that exists in the plaintiff's right or legal status (see, e.g., Supreme Court Decision 2012Da67399, Feb. 15, 2013). If the plaintiffs asserts that the real estate in this case possessed by the defendant is owned by themselves, as in the instant case, seeking delivery of the real estate in this case is a direct means to eliminate the anxiety and risk on the plaintiffs' ownership effectively and appropriately. Thus, separate seeking ownership confirmation against the defendant is unlawful as there is no benefit of confirmation.

The plaintiffs asserted that they occupy the real estate of this case acquired by them through auction and owned by them, and seek a return of unjust enrichment equivalent to the rent of the above real estate by the time the delivery and delivery are completed.

In full view of the purport of the pleadings as a result of the first instance court’s on-site inspection of Gap’s evidence Nos. 1 through 4, Eul’s evidence Nos. 1 through 6 (including each number), and the result of the first instance court’s on-site inspection of appraiser F’s appraisal, the results of the fact inquiry by the Korea Intellectual Property Office’s branch of the Korea Intellectual Property Corporation, the plaintiffs’ overall purport of the pleadings in the case of Mayang-si’s Real Estate G compulsory auction on May 14, 2009 by the Gwangju District Court, Gwangju District Court’s Net-si land and the instant real estate, cement block Nos. 79.9 square meters (referring to part of cement block block structure, splate land, and one story of 261.1 square meters) among the instant real estate, the cement block set 15.4 square meters among the instant real estate, and 15.4 square meters among the lux roof roof lux 2.2 square meters, and block.

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