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(영문) 수원지방법원 2019.04.12 2018가단19718
지료
Text

1. The defendant shall display to the plaintiff (appointed party) a map of 1,240 square meters of C forest land (attached Form 2), 2, 3, 4, and 1, respectively.

Reasons

1. Facts of recognition;

A. On February 9, 2017, the Plaintiff and the Selected E acquired shares of 1/10 of the instant land among the instant land, and 9/10 of the designated parties E acquired shares of 9/10 of the instant land, respectively, in the real estate rental auction procedure (F) for the real estate rent of 1,240 square meters (hereinafter “instant land”).

B. On the instant land, there was a container for office D(Attachment 2) indicated in paragraph (1) of the list of 45 square meters on the ground (attached Form 3) attached to G owner (attached Form 2), a container for office D(attached Form 2) indicated in paragraph (1) of the list of 45 square meters (attached Table 3), a container for office D(B) and a container for office D(attached Form 3) indicated in paragraph (2) of the list [attached Table 3] attached to 45 square meters on the ground (attached Table 3] attached to the ship (attached Form 2] which connects each point of subparagraph 9, 10, 11, 12, and 9 of drawings to the (C) part (hereinafter attached Form 3] and 15 square meters on the ground (hereinafter collectively referred to as “each of the above containers”) attached to the list of 3 (hereinafter referred to as “each of the instant containers”).

C. On September 25, 2009, the H Association (hereinafter “H”) entered into an agreement on the transfer of security for each of the instant containers for the purpose of securing the claim for loans to G, and thereafter acquired the ownership of each of the instant containers based on the said transfer of security agreement.

The Plaintiff and the Selected E purchased each of the instant containers from H on March 24, 2017, and acquired their ownership.

As of the date of closing argument of this case, the defendant occupies each of the containers of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, and 6, the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion ① Since the Defendant currently occupies each of the instant containers, the Plaintiff, a co-owner of the instant land, is obligated to deliver the instant land, which is the site of each of the instant containers, to the Plaintiff according to the Plaintiff’s claim as an act

② The Defendant shall also have the respective containers of this case.

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