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(영문) 전주지방법원군산지원 2014.02.19 2013가단9937
토지인도 등
Text

1. The defendant shall be the plaintiff.

A. To deliver the buildings listed in paragraph 1 of the attached Table 1 building list, and to the above building from July 29, 2013.

Reasons

1. Facts recognized;

A. The Defendant completed the registration of ownership transfer on April 27, 1974 with respect to the buildings indicated in paragraph (1) of [Attachment 1] and [Attachment 1] on the land in Dosan-si, Dosan-si (hereinafter “instant land”).

In addition, the defendant is also the person who has the right to dispose of each building listed in attached Form 2 through 5, located on the ground of the instant land.

B. The Plaintiff acquired ownership on December 30, 2002 through a voluntary auction procedure for the instant land and the buildings listed in paragraph (1) of the attached Table 1 building list on its ground.

C. On March 14, 2003, the Plaintiff filed a lawsuit against the Defendant to the effect that “the building described in paragraph (1) is delivered, and KRW 100,000 per month shall be paid from January 1, 2003 to the above delivery, and each building described in paragraphs (2) through (5) above shall be removed, and the site shall be handed over.”

(J) On February 23, 2004, the above court rendered a ruling of recommending reconciliation as follows, and the above ruling of recommending reconciliation was finalized on March 12, 2004.

(hereinafter referred to as “the instant recommendation for reconciliation”) 1. The Defendant is the Plaintiff:

(a) deliver the buildings listed in paragraph 1 of the annex 1 building list and pay the money in proportion to KRW 100,000 per month from January 29, 2003 to the above delivery date;

B. Payment of money in proportion to KRW 69,00 per month from the above delivery date until the delivery date of the part of the site where the building listed in [Attachment 1] list 2 to 5 is located;

2. The plaintiff recognizes the legal superficies under customary law for the period from January 29, 2003 to ten years with respect to an unauthorized building under the above 2 to 5.

3. The plaintiff waives the remaining claims.

The defendant currently occupies the land of this case and each building listed in attached Form 1 through 5 of the attached Table 1.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3

2. Determination

A. Judgment on the claim for delivery and removal of a building (1) The Plaintiff is a building listed in attached Form 1 Section 1 of the building list.

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