(영문) 전주지방법원 2014.12.04 2014나2924 | 리걸엔진

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(영문) 전주지방법원 2014.12.04 2014나2924

토지인도 등

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On April 27, 1974, the Defendant completed the registration of ownership transfer of the name with respect to C & 155§³ (hereinafter “instant land”) and its ground title Nos. 1 and apap 1 and 12 square meters (hereinafter “instant building”). Since then, the Defendant acquired the ownership of each unregistered building indicated in [Attachment 1] Nos. 2 and 5, located on the ground of the instant land.

B. On December 30, 2002, the Plaintiff purchased the instant land and buildings in a voluntary auction procedure.

C. On March 14, 2003, the Plaintiff filed a lawsuit against the Defendant with the Jeonju District Court Branch of 2003da4476, stating that “the Defendant shall deliver the instant building to the Plaintiff, pay the amount calculated by the rate of KRW 100,000 per month from January 1, 2003 to the above delivery date, and remove each building listed in [Attachment 2 to 5] and deliver the site.” On February 23, 2004, the above court made a decision of recommending reconciliation (hereinafter “decision of recommending reconciliation of this case”) with the following contents, and the above decision of recommending reconciliation was finalized on March 12, 2004.

1. The defendant shall be the plaintiff.

A. The building of this case is delivered and the money is paid at the rate of 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 date of India until the time of delivery of the part of the site where the building listed in [Attachment 2 to 5] is located;

2. The plaintiff recognizes the legal superficies under the customary law for the period from January 29, 2003 to ten years with respect to an unauthorized building as set forth in [Attachment 1] List 2 to 5.

3. The plaintiff waives the remaining claims.

The present status of the building of this case is as shown in attached Table 1 List 1, and the defendant currently occupies the building of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 and Eul evidence 2, the purport of the whole pleadings

2. The defendant's judgment on the main defense of this case shall be as to the attached list 1 of the lawsuit of this case.

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