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(영문) 의정부지방법원고양지원 2015.02.11 2014가합50555
부동산인도 청구
Text

1. The Defendants shall deliver to the Plaintiff each of the items indicated in the attached real estate indication.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. Basic facts

A. On June 27, 2007, Defendant A completed the registration of ownership transfer of D forest land 795 square meters in Yongsan-gu, Seoyang-gu, Seoyang-gu. After that, the forest was divided into the land classified as a gas station site and the land indicated in paragraph (1) of the attached property indication (hereinafter “instant land”) and the E gas station site into 35 square meters.

B. On May 28, 2008, Defendant A completed the registration of transfer of ownership with respect to F-759 square meters in Yongsan-gu, Yongsan-gu, Incheon Metropolitan City. After that, the forest was divided into F-54 square meters in size and G-215 square meters in size, and F-54 square meters in size was converted into a gas station site.

C. On August 20, 2008, Defendant A entered into a contract for construction of a new building indicated in Articles 3 and 4 (hereinafter “each building of this case”) on the land of this case and the land of this case and on the ground of 544 square meters in the land of Hanyang-gu, Jungyang-gu, Busan-si and the land of this case, and the construction of a new building on the land of this case indicated in paragraph (2) of the indication of the attached real estate (hereinafter “each building of this case”) and a new building on the land of this case (hereinafter “the so-called “the so-called "the so-called building”), and on the completion of the said new construction on December 16, 2009, Defendant B Co.,, Ltd. (hereinafter “B”) completed the registration of initial ownership as to each building of this case on January 16, 2009.

From around that time, Defendant B operated the liquefied petroleum gas filling business in the instant land and each of the instant buildings (hereinafter “each of the instant real estate”).

E. On May 24, 2010, the Plaintiff entered into a real estate security trust agreement (hereinafter “instant trust agreement”) with Defendant A and Defendant B, with the Plaintiff’s land in this case as well as f.759 square meters from Defendant A, and with respect to each of the instant real estate, the Plaintiff completed the registration of ownership transfer based on the instant trust agreement with respect to each of the instant real estate on May 28, 2010.

At the time of conclusion of the instant trust contract, Section A No. 3 of the Real Estate Security Trust Contract was prepared.

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