logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.07.07 2019나8495
청구이의
Text

The judgment of the first instance shall be revoked.

2. The Defendant removed the Defendant’s building at the Suwon District Court’s horizontal Housing Site Board 2015dan887.

Reasons

1. Facts of recognition;

A. The defendant on April 3, 2015 (the entrusted institution is the Korea Asset Management Corporation).

2) Each land listed in the separate sheet Nos. 1 and 2 (hereinafter referred to as “each land of this case”)

As to the loan period, each of the above land was leased (hereinafter “instant loan agreement”) after setting the loan period from April 3, 2015 to April 2, 2020 (hereinafter “instant loan agreement”).

2) The Plaintiff owned each of the instant land on each of the instant land and owned each of the instant land by owning a building listed in the separate sheet No. 3 (hereinafter “instant building”).

B. On December 13, 2016, the Defendant filed a lawsuit against the Plaintiff, including removal of buildings, etc. under the Suwon District Court Decision 2015Kadan8587, the said court rendered a judgment ordering the Plaintiff to remove the instant building and deliver each of the instant land to the Plaintiff by deeming that the Defendant, in order to preserve the right to claim the use of land owned by the Republic of Korea pursuant to the instant loan agreement, could exercise the right to claim the transfer of land against the Plaintiff, and the said judgment became final and conclusive around that time (hereinafter “the final and conclusive judgment of this case”).

(2) Based on the instant final judgment, the Defendant filed an application for alternative execution with Suwon District Court F of the Housing Site Board F, and received a decision of acceptance on June 2, 2017 that the instant building may be demolished at the Plaintiff’s expense.

C. The Plaintiff filed a lawsuit claiming the performance of the procedure for the registration of ownership transfer based on the completion of the prescriptive acquisition on March 16, 2009 with respect to each of the instant land by asserting that the Suwon District Court had acquired each of the instant land by prescription against the Republic of Korea as Suwon District Court Decision 2008Gadan21438, Suwon District Court Decision 2008Gadan21438, but the said court dismissed the Plaintiff’s claim on November 6, 2009, and thereafter, the Plaintiff’s appeal (Uwon District Court 2009Na3440) and the final appeal (Supreme Court).

arrow