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(영문) 의정부지방법원 2016.02.16 2015가합2338
토지 및 건물인도
Text

1. The Defendants are to the Plaintiff:

A. List 22, 23, 24, 25, 26, 27, 27, indicated in Appendix 1.

Reasons

1. Determination as to the cause of claim

A. 1) On September 16, 2014, the Plaintiff is deemed to be the land indicated in paragraph (1) of the attached Table No. 1 (hereinafter “No. 1”).

(1) On the other hand, the part 1 of the 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, and 22, which are attached to the above ground surface drawings, are connected in order to each point, and 241.9 square meters (in the register: 19.26 square meters, 19.26 square meters, hereinafter referred to as the “instant building”).

(2) On April 9, 2015, the Plaintiff completed each registration of transfer of ownership on the grounds of sale. In addition, the Plaintiff completed each registration of transfer of ownership on each of the lands listed in Tables 2 and 3 of the [Attachment 2] on April 9, 2015 due to voluntary auction.

3) On April 23, 2007, Defendant B leased the land No. 1 and the instant building from D, the former owner, KRW 30,00,00, KRW 2,500,000, KRW 2,500, and the lease term from April 23, 2007 to April 22, 2008. However, Defendant B, on April 23, 2014, filed a lawsuit against Defendant B seeking the delivery of the instant land No. 1 and the instant building (Korean District Court Decision 2014Da21021).

On August 12, 2014, the above court rendered a favorable judgment against D, and on September 3, 2014, the above judgment became final and conclusive.

5) The Defendants, which are married couple, are currently operating a restaurant in the land No. 1 and the building of this case, and possess the land No. 2, 33 adjacent to the land No. 1. The Defendants also possess the land No. 34, 35, 36, 37, and 34. The Defendants are in possession by installing 11 and 64 through 66 parts of the table on the Sheet part of the container No. 18.0 square meters and 48 through 58 parts of the above drawings, 4 of the table on the land No. 2, 63 parts of the table on the land No. 59 through 62 of the table on the land No. 2, and 63 parts of the table on the land No. 3.

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