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(영문) 수원지방법원안양지원 2017.07.20 2015가단106897
토지인도
Text

1. Defendant G is the Plaintiff’s KRW 16,168,381, and KRW 8,084,190 and each of the above costs to Plaintiff A, respectively.

Reasons

1. Basic facts

A. The Plaintiff A, C, D, E, and Non-Party I shall have ownership of 5,702 square meters in Ansan-gu, Ansan-gu, Annyang-si (hereinafter “the instant land”) and the Plaintiff A, C, D, E, and Non-Party I shall have ownership of 5,702 square meters in Ansan-gu, Annyang-gu, Ann

On April 20, 1990, Plaintiff A completed the registration of ownership transfer on September 29, 1990 with respect to the following shares on the ground of inheritance by agreement division. Plaintiff A: 1075/5702 shares; Plaintiff C; D; and Nonparty I: 1322/5702 shares; 2: 661/5702 shares); thereafter, Plaintiff B completed the registration of transfer on September 5, 2015 due to inheritance by agreement division.

B. Defendant F owned the building adjacent to the instant land, and operated the “J” restaurant. On November 20, 2003, Defendant G leased the building site of the said J restaurant to L, who is the spouse of Defendant G, and thereafter Defendant G operated the J restaurant. (2) On January 1, 2013, the Defendants concluded a lease agreement that changed the lessee of the said J restaurant building and its site to Defendant G.

3) Thereafter, the above lease agreement between the Defendants terminated on August 2, 2016, and Defendant G transferred the building and its site to Defendant F on August 2, 2016. Defendant G occupied the instant part of the instant land. Defendant F used the instant part of the instant land as a place for installation of parking lots and facilities for the operation of the restaurant, etc. for customers, without the consent of the Plaintiffs (including Plaintiff B, but not Plaintiff B, before the Plaintiff succeeded to the instant part) (hereinafter “instant part of land”).

2) In around 2002, the plaintiffs demanded the removal of the above facilities and the transfer of the part of the land of this case, and the defendant F prepared the evidence No. 6-1 of this case to the effect that he would meet the plaintiffs' request (the defendant F prepared the evidence No. 6-1 of this case on November 5, 2003).

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