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(영문) 춘천지방법원영월지원 2017.06.21 2015가단10740
토지인도
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) The Attached Form No. 14, 15, . of each land listed in the Attached List;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

On April 17, 2002, the registration of transfer of ownership in the name of C was completed with respect to the land listed in the attached list No. 2 (hereinafter referred to as "the land No. 2").

Attached Form

With respect to the land listed in paragraph (1) of the list (hereinafter referred to as “land 1”), on October 11, 2004, the registration of transfer of ownership in the name of D was completed, and on the land listed in paragraph (3) of the attached list (hereinafter referred to as “third land”), the registration of transfer of ownership in the name of D was completed on October 29, 2004, but the actual owner was C or his mother.

The Plaintiff purchased the land Nos. 1, 2, and 3 from C through E, and from the Defendant the ground building on the land No. 1, which was under construction at the time (hereinafter “instant building”).

The plaintiff completed the registration of ownership transfer in the name of each plaintiff on October 29, 2004 with respect to land No. 3, March 25, 2005, and July 21, 2005 with respect to land No. 1.

The plaintiff completed the registration of ownership preservation in the name of the plaintiff on March 3, 2005, after changing the name of the building of this case from the defendant to the plaintiff.

The Defendant operated a printing company on each of the instant lands and buildings, and installed a provisional building, etc., such as the entry in Section 1(a) of the Disposition No. 1, on each of the instant lands.

Meanwhile, around October 31, 2005, at the time of the Plaintiff’s purchase of the instant building, the Defendant agreed to use each of the instant land and buildings free of charge until October 31, 2005, and the Defendant again promised to deliver each of the instant land and buildings to the Plaintiff on October 31, 2005.

On May 23, 2007, the Plaintiff filed a lawsuit seeking the delivery of the instant building by Youngcheon District Court Young-gu Branching 2006Kadan5579, which did not deliver the instant building, and was sentenced to a favorable judgment by the said court. The Defendant appealed and appealed, but the said judgment became final and conclusive on February 16, 2010.

[Reasons for Recognition] Unsatisfy, Gap 1 through 8 (including virtual numbers; hereinafter the same shall apply),

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