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(영문) 전주지방법원정읍지원 2015.07.07 2014가단5508
토지인도 등
Text

1. The Defendants are to the Plaintiff:

(a)each building on the portion of each one-half in the Schedule D above-Eup/Myeon;

Reasons

1. Facts of recognition;

A. On May 11, 1994, E Co., Ltd. completed the registration of ownership transfer on D’s factory site 6,230 m2 (hereinafter “instant land”). After completing the registration of ownership transfer on August 6, 2014, the Plaintiff completed the registration of ownership transfer on the instant land.

B. On August 31, 2012, the Defendants: (a) each of the instant buildings and each of the instant buildings listed in the separate sheet on the instant land (hereinafter “each of the instant buildings”) on the ground surface; (b) each of the instant buildings and each of the instant buildings and the instant buildings was registered as one building; and (c) each of the instant buildings and the said B were divided into separate buildings according to the Seoul Southern Southern District Court 2012Gadan84947 decision substituting conciliation, and each of the instant buildings was owned by 1/4 shares among each of the instant buildings on February 10, 2014.

C. From August 31, 2012, the Defendants occupied and used each of the instant land sites for the instant building (hereinafter “the instant land part”) from August 31, 2012, and from August 31, 2012, the annual rent for the instant land portion is KRW 6,923,000.

Meanwhile, from August 14, 2014 to August 5, 2014, the former owner of the instant land, E Co., Ltd.: (a) from August 31, 2013 to August 5, 2014, before the Plaintiff acquired the ownership of the instant land, the Defendants transferred to the Plaintiff the claim for return of unjust enrichment equivalent to the rent arising from the possession and use of the instant land; and (b) notified the Defendants of the fact of transfer on August 19, 2014.

[Ground for recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including branch numbers for which a branch number exists), Eul evidence No. 2, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, barring special circumstances, such as that the Defendants has a legitimate title to possess the land portion of this case, the Defendants shall each have 1/2 of the Plaintiff.

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