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(영문) 인천지방법원 부천지원 2018.08.13 2017가단114087
토지인도
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 25, 2014, the Plaintiff acquired the ownership of the instant land owned by Defendant B through an auction.

At the time, the panel assembly-type building (k Center) (hereinafter referred to as the “instant building”) on the ground of the land in the Section (A) of this case, which is not registered as Defendant B, had a board assembly-type building (ware) not registered as Defendant B on the ground of the land in the Section (b) of this case (hereinafter referred to as the “instant building”), and there was a container container (hereinafter referred to as the “instant (c) building”) not registered as Defendant B on the ground of the land in the Section (c) of this case.

B. The Plaintiff filed a lawsuit against the Defendant B seeking the removal of each of the instant buildings and the delivery of each of the instant parts (this Court Decision 2014Da30515).

On January 20, 2016, this court dismissed the part demanding the removal of each of the buildings of this case and the delivery of each of the lands of this case on the ground that there is legal superficies against Defendant B, and sentenced Defendant B to the judgment ordering the Plaintiff to pay interest calculated at the rate of 15% per annum from October 21, 2015 to the date of complete payment, and interest for delay calculated at the rate of 15% per annum from October 21, 2015 and interest for delay calculated at the rate of 295,800 won per annum from October 21, 2015 to the date of delivery of each of the buildings of this case (hereinafter “the judgment of the previous suit of this case”).

The judgment of the previous suit in this case was all dismissed, and it became final and conclusive around November 28, 2016.

C. On April 21, 2017, Defendant B removed the instant building (c) and the instant building (c) around October 23, 2017, respectively.

On October 11, 2017, Defendant B sent to the Plaintiff a document to urge the Plaintiff to receive the land rent according to the instant judgment, which was sent by content-certified mail, but returned to the Plaintiff as a closed door.

On October 17, 2017, Defendant B deposited 12,452,481 won (based on the date of deposit) equivalent to the land rent (based on the date of deposit) according to the judgment on the previous claim of this case with the Plaintiff as the deposited person.

Grounds for recognition:

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