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(영문) 전주지방법원 2017.07.20 2015나10267
건물철거 및 토지인도 등
Text

1.The judgment of the first instance shall be modified by the court upon the application for succession participation by the court as follows:

The defendant.

Reasons

1. Basic facts

A. On November 10, 201, the former District Court, C, and D (dupl) awarded a contract for the land specified in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”) on the land listed in the annexed Table No. 1 of Real Estate List No. 1 (hereinafter “the instant land”), the Intervenor succeeding to the Plaintiff completed the registration of ownership transfer on March 28, 201, and completed the sale price in full, and completed the registration of ownership transfer on November 16, 201. On March 28, 2012, the Plaintiff’s Intervenor entrusted the instant land to the Plaintiffs as joint ownership relationship, and completed the registration of ownership transfer to the Plaintiffs on March 30, 2012.

B. On March 8, 2011, the Defendant completed the registration of ownership transfer with respect to the building listed in paragraph (2) of the [Attachment List of Real Estate (hereinafter “instant building”). Of the instant land, the instant building was constructed on the (a) part inside the ship connecting each point of the attached Form Nos. 4, 5, 6, 16, 17, 18, 19, 20, 14, 15, and 4 in sequence among the instant land and on the (b) part inside the ship connecting each point of the attached Form Nos. 4, 5, 16, 17, 18, 19, 20, 14, 15, and 4, and on the (hereinafter “instant adjacent land”).

C. On March 30, 2012, the monthly rent of around March 30, 2012 on the part of the instant land is KRW 4,098,164 (=40,600 x 100.94 square meters).

On December 22, 2015, the Plaintiff’s succeeding Intervenor completed the registration of transfer of ownership on the instant land on December 22, 2015, and on January 27, 2016, the Plaintiff’s succeeding Intervenor completed the registration of transfer of ownership on the ground of trust in the future.

[Ground of recognition] Unsatisfy, entry in Gap evidence 1 through 8 (including each number for which a serial number is included), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant owned the instant building and occupied the part of the instant land owned by the Plaintiff’s succeeding Intervenor, which is the relevant land. Thus, the Plaintiff’s succeeding Intervenor is the Plaintiff’s succeeding Intervenor.

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