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(영문) 수원지방법원 평택지원 2017.01.19 2016가합9218
토지인도
Text

1. Defendant C and the Defendant-Counterclaim Plaintiff (Counterclaim Defendant) deliver each land listed in the separate sheet No. 1 to the Plaintiff (Counterclaim Defendant).

2...

Reasons

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. Basic facts

A. On July 20, 1984, Defendant C completed the registration of ownership transfer on July 19, 1984 with respect to each real estate listed in the separate sheet No. 1 (hereinafter “instant land”). Defendant C completed the registration of ownership transfer on the grounds of sale and purchase on July 19, 1984, and completed the preservation of the building listed in the separate sheet No. 2 on March 17, 199 (hereinafter “instant building”).

The New Real Estate Trust Co., Ltd. completed the registration of ownership transfer on October 13, 2009 for the instant land and the instant building on October 13, 2009.

On October 13, 2009, Solomon Mutual Savings Bank completed the registration of the establishment of a neighboring mortgage on the instant land and the instant building.

The Solomon Mutual Savings Bank applied for a voluntary auction of the instant land and the instant building to Suwon District Court in F. On November 22, 2011, it voluntarily decided to commence auction on the instant land and the instant building. In the said voluntary auction procedure, the instant land and the instant building were adjudicated on September 7, 201 to the Plaintiff on September 7, 2015.

B. On January 10, 2005, Defendant B extracted from the instant land with Defendant C and planted reported pine trees, and entered into an agreement with Defendant C to allocate the harvested trees to Defendant C60% and Defendant B 40%, and Defendant B planted approximately KRW 700 mar (hereinafter “instant pine”) on the instant land in accordance with the agreement.

On December 28, 2009, Defendant C and Defendant B drafted a letter of commitment that “The right to benefit from reported pine trees planted by Defendant B on the land of this case shall be used for a period of 30 years from January 1, 2010. In using this, the right to benefit from fruit trees shall be deducted, and the excess profit shall be distributed at 60% and at 40%, and shall be at the time of harvest.”

Defendant B is in depth at the F voluntarily auction procedure of Suwon District Court in Suwon District Court.

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