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(영문) 제주지방법원 2018.12.11 2017가단60385
지료 청구
Text

1. The Defendant shall pay to the Plaintiff KRW 11,225,974 and the interest rate of KRW 15% per annum from October 26, 2017 to the date of full payment.

Reasons

1. Facts recognized;

A. On February 19, 1987, C acquired the ownership of D 331.1 square meters (hereinafter “instant land”) in Jeju-si, Jeju-si, and thereafter the registration of ownership transfer for the instant land was completed on July 27, 2010 thereafter on July 26, 2010.

B. C died on March 11, 2015, and E is the spouse of the deceased C (hereinafter “the deceased”), and the Plaintiff and the Defendant are the married children of the deceased.

C. The Plaintiff filed a lawsuit against the Defendant on May 12, 2017 with the Jeju District Court (2016dan15012) against the Defendant to remove a container installed by the Defendant on the end of the north-dong part of the instant land (hereinafter “instant 1 container”) and a container installed on the middle part of 18 square meters and the center part of the instant land (hereinafter “instant 2 container”), and to demand delivery of the instant land (hereinafter “the instant prior suit”). The same court affirmed the fact that the Defendant owned the instant 1 and 2 container on the instant land and occupied the instant land on May 12, 2017 after closing the pleadings on April 7, 2017, and rendered a favorable judgment against the Plaintiff to the effect that “the Defendant removed the instant 1 and 2 container on the ground of the instant land and delivered the instant land.” The said judgment became final and conclusive on May 31, 2017.

Since the Defendant did not remove the instant 1 and 2 containers even after the judgment of the previous suit became final and conclusive, the Plaintiff received a decision to substitute the instant 1 and 2 containers from the Jeju District Court (F) on June 28, 2017, and the Defendant removed the instant 1 and 2 containers and removed them from the instant land around June 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 5, the purport of the whole pleadings

2. The assertion and judgment

A. Where the registration of ownership transfer has been completed with respect to the land owner's real estate in the instant case, not only the third party but also the previous owner.

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