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1. The defendant shall be the plaintiff.
A. Of 300 square meters in the 300 square meters in the static-gun, Gangwon-do, the attached drawing indication 5, 6, 7, 8, and 5 are as follows.
Reasons
1. Facts of recognition;
A. The auction procedure was conducted on the 300 square meters in the Gangwon-do Jong-gun C warehouse site (hereinafter “instant real estate”) registered in the name of Nonparty D, with respect to the 300 square meters (hereinafter “instant real estate”). The Plaintiff was awarded a successful bid and completed the registration of ownership transfer on December 1, 2016.
(Reasons for Registration: Sale by compulsory auction on November 30, 2016). (b)
On the ground of the instant real estate, there is a low temperature storage room in the part of the instant real estate connected with each point of 5,6,7,8, and 15.68 square meters per annum (hereinafter “the instant low temperature storage house”), 15.68 square meters per annum, and a drieder, communications station, and plastic greenhouse are located. On July 25, 2012, as to the instant low temperature storage house, the building register was prepared by Defendant as its owner.
C. Meanwhile, the value of the instant real estate at the time of August 9, 2016 is KRW 14,400,000.
[Grounds for recognition] The written evidence Nos. 1, 3, and 5 and the purport of the whole pleadings.
2. The assertion and judgment
A. On November 30, 2016, the Plaintiff asserted that the Plaintiff acquired the ownership of the instant real estate on the ground of the instant real estate without any title, and that, without any title, the Defendant owned one vinyl house for storage in the instant real estate for storage in the instant real estate (hereinafter referred to as “instant vinyl house”) with each of the items indicated in the said drawings, 9, 10, 11, 12, and 9, connected each of the items in sequence to the said drawings (hereinafter referred to as “the instant building”). The Defendant asserted that, from November 30, 2016 to the delivery date of the instant real estate, the Defendant occupied the instant real estate in the instant low temperature storage in the instant real estate, removed each of the instant plastic houses, and delivered the instant real estate, and that from November 30, 2016 to the delivery date of the instant real estate, the Defendant is obligated to return the Defendant’s unjust enrichment to the Plaintiff.
B. The determination of the removal and delivery claims is based on the fact of recognition.