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(영문) 의정부지방법원고양지원 2019.01.09 2017가단76018
토지인도
Text

1. The defendant is against the plaintiff succeeding intervenor.

A. Of the 238 square meters of D forest land in Pakistan-si, indication 19, 22, 23, 18, and 19 of the annexed drawing(1).

Reasons

1. On January 30, 1962, the registration of preservation of ownership in the name of the Republic of Korea was completed on January 30, 1962 with respect to Friuri (hereinafter “Friuri”) 238 square meters of forest land D (hereinafter “instant one”) and E forest land E 218 square meters (hereinafter “instant two land”).

On September 21, 2015, the Defendant purchased G, H, and I land and its ground buildings surrounding each of the instant land at an auction procedure, and completed the registration of ownership transfer. At the time, the Defendant concluded a loan agreement with the Republic of Korea, in which the owner of each of the instant land was the nominal owner, setting the period from September 21, 2015 to September 5, 2015, with respect to each of the instant land, and concluded a loan agreement with the Defendant occupying and using each of the instant land until now.

On the land of this case 1, a ship connected each point of 19, 22, 23, 18, and 19 of the attached Form No. 1 (a) and 16, 17, 18, 23, 24, and 16 of the attached Form No. 16, 17, 18, 24, and 16 of the attached Form No. 19, 20 square meters of the parking lot and warehouse 20 square meters, and on the land of this case 2, the part of the parking lot and warehouse 12, 13, 32, 33, 34, 35, 36, 37, and 12 of the attached Form No. 12, the part of the entrance to the ship and the part of the attached Form No. 7, 34 of the attached Form No. 1 (hereinafter collectively referred to as the "the facilities of this case"), the defendant's land and the part of the attached Form No. 121, 14, 1,21,21, and 14.

On the other hand, the Plaintiff filed a lawsuit against the Republic of Korea to cancel the registration of initial ownership of each of the instant lands and won the lawsuit (this Court Decision 2015Da83043, 2016Na51928). As the judgment became final and conclusive, the Plaintiff completed the registration of initial ownership of each of the instant lands on September 6, 2018, where the instant lawsuit was pending, and on August 20, 2018, the Plaintiff filed each of the instant lands.

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