(영문) 수원지방법원안산지원 2015.05.15 2013가단30653

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(영문) 수원지방법원안산지원 2015.05.15 2013가단30653

부동산인도

Text

1. The defendant shall be the plaintiff.

(a) Attached 2 drawings (1), (2), (3), (4), and (4) of the ground floors of the real estate listed in the annexed 1 list;

Reasons

1. Basic facts

A. The real estate listed in the separate sheet No. 1 (hereinafter “instant building”) is a large shopping center consisting of a large number of stores, and obtained approval for use from the viewing of Ansan on March 9, 199.

B. Although the owner of the instant building originally decided to register the said building in the aggregate building ledger, the registration of the aggregate building ledger was delayed due to the failure of the owner of the building, etc., and the number of buyers who purchased each shop of the instant building completed the registration of ownership transfer corresponding to the size of each store in the instant building.

C. The buyers who purchased each of the stores of the instant building externally share the instant building for each equity share, or the location of each shop with the area corresponding to each of their respective equity shares by an implied agreement, and exclusively use and benefit from each of the instant buildings.

On February 22, 2013, the Plaintiff purchased 121 units of the first floor store of the instant building from D, the former owner, and completed the registration of ownership transfer on March 7, 2013, as to 9.75/55/191 of the equity corresponding thereto.

E. From July 12, 2013 to the date, the Defendant: (a) occupied a part of the first floor on the ground of the instant building, and operated a store for release on bail with the possession of a store of 10.16 meters wide indicated in the “E” and “F” as indicated in the attached Form 2 drawing indicating “E” and “F” containing 9.75 square meters of the part inside the ship (a) connected each point, in turn, (b), (3), (4), (5), (6), and (6) connected each point (hereinafter “instant dispute part”); (b) from July 12, 2013, the Defendant operated a store for release on bail.

F. From July 12, 2013, the rent of the instant dispute possessed by the Defendant is KRW 130,000 per month.

[Ground of recognition] Fact that there is no dispute, Gap evidence 2 to 4, 10 to 12, 16, and Eul evidence Nos. 2 to 4.

유사 판례

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