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(영문) 대구지방법원상주지원 2016.07.20 2015가단8840
토지인도
Text

1. As to the Intervenor succeeding to the Plaintiffs:

A. Defendant D removes each of the buildings listed in the separate sheet 7 to 9;

Reasons

1. Basic facts

A. On August 25, 1971, Nonparty G completed the registration of ownership transfer on the grounds of sale on the same day on the same day, and the Plaintiff’s successor completed the registration of ownership transfer on the same day on June 23, 2004. The Plaintiff’s successor completed the registration of ownership transfer on the grounds of sale on the same day on June 23, 2015.

B. 1) Defendant D occupied the part as stated in Paragraph 10 of the attached list among the instant real property, and owned each building as stated in Paragraphs 7 through 9 of the attached list. 2) Defendant E occupied the part as stated in Paragraph 6 of the attached list among the instant real property, and owned each building as listed in paragraphs 1 through 5 of the attached list.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including branch numbers; hereinafter the same shall apply), Eul evidence No. 1, the purport of the whole pleadings

2. The assertion and judgment

A. According to the basic facts, Defendant D is obligated to remove each of the buildings listed in Articles 7 through 9 of the separate sheet to the Intervenor succeeding to the Plaintiff, the owner of the instant real estate, and deliver the parts listed in paragraph (10) of the same list, barring any special circumstance. 2) As to this, Defendant D owned each of the buildings listed in paragraphs (7) through (9) above by the former owner of the instant real estate. Since there was no special agreement for the removal of each of the above buildings at the time when the Plaintiffs acquired the ownership of the instant real estate, the statutory superficies under customary law was established as to each of the above buildings, but there is no evidence to prove that each of the above buildings owned G.

On a different premise, Defendant D’s assertion is without merit.

B. According to the basic facts of Defendant E’s claim portion, Defendant E is recorded in [Attachment 1-5] to the Intervenor succeeding to the Plaintiff, the owner of the instant real estate, unless there are special circumstances.

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