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(영문) 대구지방법원김천지원 2020.01.16 2019가단30347
건물명도(인도)
Text

1. For the plaintiffs:

(a) Defendant E is each of the buildings listed in the separate sheet No. 1,

B. Defendant F and G are listed in the separate sheet.

Reasons

1. Facts of recognition;

A. Of Kimcheon-si, R 545 square meters and S 1,409 square meters (hereinafter “instant land”), the registration of ownership transfer was completed on October 31, 2014 in the name of Plaintiff A Co., Ltd. with respect to one-half shares of the instant land; Plaintiff D with respect to one-fifth shares of the instant land; and Plaintiff C with respect to 3/10 shares of the instant land among the instant land, the registration of ownership transfer was completed on the ground of sale due to voluntary auction on October 31, 2014, respectively.

B. On the ground of the instant land, each building listed in the separate sheet, T-owned, Inc., and Defendant E occupies each building listed in paragraph (1) of the separate sheet, Defendant F, and G, the building listed in paragraph (2) of the same list, Defendant H and I, the building listed in paragraph (3) of the same list, Defendant J and K, the building listed in paragraph (4) of the same list, the building listed in paragraph (5) of the same list, the building listed in paragraph (6) of the same list, Defendant M and N, the building listed in paragraph (7) of the same list, and the building listed in paragraph (8) of the same list, and Defendant P and Q respectively.

C. On June 17, 2016, the Plaintiffs filed a lawsuit against T, a building owner of each building listed in the separate sheet, as Daegu District Court Kimcheon-ro 2014Gahap2429, and the said court rendered a judgment that “T, a stock company, has the obligation to remove each building listed in the separate sheet to the Plaintiffs seeking the exclusion of interference, since T, by owning each building listed in the separate sheet, etc., owns the instant land owned by the Plaintiffs.” The said judgment became final and conclusive on July 5, 2016.

[Ground of recognition] The facts that there is no dispute between the plaintiffs and the defendant L: Each entry of Gap evidence Nos. 1 through 4 (including branch numbers), the purport of the whole pleadings, and between the plaintiffs and the defendants other than defendant L: Article 150 (Self-Confession) of the Civil Procedure Act

2. The existence of the building which determines the cause of the claim is for its existence.

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