(영문) 수원지방법원성남지원 2016.09.23 2016가단7899

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(영문) 수원지방법원성남지원 2016.09.23 2016가단7899

토지인도

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1. The defendant is against the plaintiffs:

A. Of the 231m2 in Gwangju Metropolitan City, indication of the annexed drawing No. 4, 5, 35, 36, 23, 25, 26, 27, 28, 29, among the 231m2 in Gwangju Metropolitan City.

Reasons

1. Facts of recognition;

A. On the grounds of sale by voluntary auction on December 16, 2015, the Plaintiffs acquired 1/2 shares of D large 231 square meters in Gwangju-si (hereinafter “instant land”) and 212 square meters in E large 212 square meters (hereinafter “instant land”).

B. On January 29, 2006, the Defendant: (a) had attached drawings indicating 4,5, 35, 36, 23, 25, 26, 27, 27, 28, 29, 30, 31, 32, 33, 34, and 4; (b) had connected each of the items in sequence among the land No. 2, 35, 37, 36, and 35; (a) had connected each of the items of the said drawings among the land No. 1; (b) had been connected each of the items of the instant land with 7,8, 39, 38, and 7; (c) had been connected each of the items of the instant land with 23 square meters, (c) had been connected to each of the instant buildings with 12,134,121,214, and (1) had been connected each of the instant items of the instant land; (1) had been connected each of the instant land No.

C. On January 8, 2016, the Defendant refused to comply with the demands from the Plaintiffs for the removal of each of the instant buildings and delivery of the instant Nos. 1 and 2 land.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3, Gap evidence Nos. 5 through 11, Eul evidence Nos. 1 through 3 (including each number), the result of the survey and appraisal conducted by appraiser F, the purport of the whole pleadings

2. According to the above facts of recognition, unless there are special circumstances, such as that the defendant has a legitimate right to possess and use the land Nos. 1 and 2 of this case, the defendant is obligated to remove each of the buildings of this case and deliver the land Nos. 1 and 2 of this case to the plaintiffs.

As to this, the defendant shall set forth the first and second lands of this case, such as superficies.

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