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(영문) 광주지방법원 2016.08.31 2015가단522298
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 premise;

A. Each land listed in the separate sheet No. 1 list was owned by Defendant B. However, on December 1, 2005, the registration of the establishment of the neighboring land, Korea Culture Promotion Co., Ltd., Ltd. was completed on May 3, 2007, and on October 7, 2013 with respect to each land listed in the separate sheet No. 18-23 as to each land listed in the separate sheet No. 1, separate sheet No. 1, separate sheet No. 1, separate sheet No. 24-27 as to each land listed in the separate sheet No. 1, separate sheet No. 1, and ownership was transferred to D on October 2, 2013 as to each land listed in separate sheet No. 1, separate sheet No. 1, separate sheet No. 24-27 as to each land. 2, 2013.

B. As to each land listed in the separate sheet No. 1 list, the ownership was transferred to H due to sale through voluntary auction on April 13, 2015 in the procedure of voluntary auction by the Gwangju District Court F and G (Dual) upon application for each voluntary auction by the Korea Culture Promotion Corporation, etc., and the Plaintiff was transferred the ownership from H on May 28, 2015.

C. From 194 to 2003, Defendant B newly constructed buildings listed in Attached Table 2 List 1 on each land listed in Attached Table 5, 15, and 17 on each land listed in Attached Table 1 List 5, 5, and 17 on each land listed in Attached Table 2 List 2 List 1, building listed in Attached Table 2 List 3 on each land listed in Attached Table 1 List 17 and 23, building listed in Attached Table 2 List 4 on each land listed in Attached Table 1 List 7, 28, building listed in Attached Table 2 List 2 List 5 on each land listed in Attached Table 1 List 2 List 29, and building listed in Attached Table 2 List 2 List 6 on each land listed in Attached Table 1 List 29.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, Eul evidence Nos. 1 through 6, Eul evidence Nos. 1, 2 and 3, and the purport of the whole pleadings

2. Plaintiff’s claim against Defendant B

A. The plaintiff's assertion against the defendant B is the removal of each building listed in the separate sheet No. 2, the delivery of each land listed in the separate sheet No. 1, and each of the above lands.

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