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(영문) 부산지방법원 2015.07.01 2014가합51520
토지인도
Text

1. The defendant shall deliver to the plaintiff succeeding intervenor the land specified in Paragraph 1 of the attached Table.

2. The plaintiff's request.

Reasons

1. Basic facts

A. On September 11, 1948, Korea completed the registration of ownership transfer on the land of 2,100.2 square meters in Busan Jin-gu B (hereinafter “the instant land”). On February 25, 1976, Korea sold part of the share in the instant land to C, D, E, F, and G by specifying the occupied area.

It seems to be the co-ownership relationship of divided ownership.

The remainder of the co-ownership shares (1695/2102) except the co-ownership shares (19307/21002) of the Republic of Korea with respect to the instant land was transferred to a comprehensive construction company (hereinafter “third comprehensive construction”) that was deemed a stock company on March 31, 2014, and was transferred to the Plaintiff’s successor on March 31, 2014.

B. The Plaintiff was entrusted by the Republic of Korea (Ministry of Strategy and Finance) with the business of managing and disposing of the instant land.

C. The Defendant owned a building listed in attached list No. 2 on the ground of the land listed in attached list No. 1 among the instant land. However, the Defendant did not obtain approval for the use of the said land from the Plaintiff or the Republic of Korea, or concluded a loan agreement with the Plaintiff.

On March 30, 2015, a three comprehensive construction project, in the course of the instant lawsuit, purchased all co-ownership shares (19307/2102) with respect to the instant land from the Republic of Korea, and completed the registration of ownership transfer. The Plaintiff’s successor completed the registration of ownership transfer after being entrusted with the said land from the comprehensive construction that the Plaintiff’

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the claim of the Plaintiff’s succeeding intervenor, the Defendant is obligated to deliver the land indicated in Paragraph 1 of the attached Table to the Plaintiff’s succeeding intervenor, who is the owner of the land in this case, as sought by the Plaintiff’s succeeding intervenor, unless there are special circumstances. 2) The Defendant’s determination as to the Defendant’s assertion is from H.

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