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(영문) 창원지방법원통영지원 2017.06.29 2016가단23044
토지인도
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. Of the land for a factory in Tong-gu, 248 m20, 21.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

A. The Plaintiff is the owner who received a successful bid on January 21, 2005 with respect to C-248 square meters of land for a factory (hereinafter “instant land”) in Tong-gu, Si-si, and completed the registration of ownership transfer on the same day.

B. The Defendant is the owner who purchased from the former owner E on September 27, 2010 and completed the registration of ownership transfer on October 5, 2010 with respect to the size of 1,224 square meters in D warehouse site (hereinafter “instant adjacent land”) and 396.565 square meters in prefabricated-si, Sin-si, Sin-si, Sin-si, Sin-si (hereinafter “instant adjacent land”) and the prefabricated-si, Sin-si, Sin-si, Sin-si, Sin-si, Sin-si, Sin-si, Sin-si, Sin-si, Sin-si, the prefabricated-si, Sin-si, Sin-dong, Sin-dong (hereinafter “instant adjacent land”).

C. On February 20, 1999, the neighboring land of this case was combined with 111 square meters in F miscellaneous land and 113 square meters in G miscellaneous land. On December 14, 1992, H and I purchased each of the above land prior to the combination of lots, and completed registration of preservation of ownership on each of the 1/2 shares on each of the following grounds: H and I newly constructed the building of this case on that ground after obtaining approval for use on August 17, 1993 and obtaining approval for use on September 20, 1993.

Since then, on September 18, 1995, I purchased 1/2 shares from H and became a sole owner. On January 11, 1996, the transfer registration for ownership due to the sale was made under the name of J on October 29, 196, the transfer registration for ownership due to the successful bid was made under the name of Kimnam Bank on July 23, 1998, the transfer registration for ownership due to the sale was made under the name of K on July 23, 1998, the transfer registration for ownership due to the sale was made under the name of E on September 26, 201, and the transfer registration for ownership due to the sale was completed on October 5, 201 under the name of the defendant on October 5, 201.

Some of the instant buildings and their boundary walls are located on the ground of (b) and (c) of the instant land.

E. From September 28, 2010 to January 6, 2017, the rent of the instant land is KRW 3,688,350, and the annual rent is KRW 755,00,00.

【Ground of recognition” has no dispute, Gap's 1 to 4, Eul's 1 to 3, and 5.

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