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(영문) 의정부지방법원 고양지원 2018.06.27 2017가단77264
토지인도
Text

1. The defendant shall be the plaintiff.

(a) deliver 2,137 square meters of land C in Yongsan-gu, Seoyang-si, Seoyang-si;

B. KRW 9,246,160 and May 1, 2018

Reasons

1. Facts of recognition;

A. On January 24, 1973, the F acquired the ownership of 2,808 square meters (hereinafter “1 land”) and C forest land 2,137 square meters (hereinafter “2 land”) before Il-dong-gu, Seoyang-gu, Seoyang-gu, Seoul (hereinafter “Yandong-gu”) and C forest land 2,137 square meters (hereinafter “2 land”); and the land Nos. 1 and 2 was integrated into “the instant land”).

B. On March 30, 2009, F established the right to collateral security on the land of March 1, 2009 to G unions (hereinafter “G unions”), and on April 1, 2010, F established the right to collateral security on the land of April 2, 2010.

C. On June 14, 2013, upon the application of the G Union, the voluntary auction of the instant land was commenced (this court H; hereinafter “instant voluntary auction”); and the Plaintiff received 2/3 share of co-ownership from the instant land and paid the sales price, and acquired the share on June 29, 2016.

The Defendant, with F’s dynamics, is the owner of 221 square meters and J 432 square meters adjacent to the north north of the second land. The Defendant engaged in livestock farming business in the instant land and the instant 2 lots owned by the Defendant, while living in the instant land and the instant land, which are located in the area of 5,6, 7, 8, 9, 10, and 79 square meters of a map, such as the indication of the 80.90 square meters of a temporary structure (branch) which is located within the scope of 1,2,3,4, and 1, which are connected in order to each point of 80.90 square meters on board, which is located within the scope of 5,6, 7, 8, 9, 10, and 5 square meters of a plot of land located within the scope of 79 square meters and

[Ground of recognition] The items in Gap evidence 1-1, 2, Eul evidence 3-4, Gap evidence 2, Eul evidence 1, Eul evidence 1, the result of the appraisal commission to the Korea Land Information Corporation (Appraiser K), the purport of the whole pleadings

2. Assertion and determination

A. 1) The plaintiff filed a claim for the removal of the building of this case on the premise that the defendant is the owner of the building of this case. However, there is no evidence to acknowledge that the defendant is the owner of the building of this case. Rather, as seen below, the owner of the building of this case is F, which is the defendant's punishment, and this part of the plaintiff's assertion is without merit.

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