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(영문) 인천지방법원 2016.06.07 2014가단247433
토지인도
Text

1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the separate sheet, each point is indicated in the separate sheet No. 1, 2, 3, 8, and 1.

Reasons

1. Facts of recognition;

A. The Plaintiff purchased real estate listed in the separate sheet (hereinafter “instant real estate”) from Nonparty C in KRW 166,00,000, and completed the registration of ownership transfer on February 25, 2009.

B. At the time of the Plaintiff’s purchase of the instant real estate, D, the dynamics of C, installed three plastic houses on the instant real estate and cultivated crops.

C. On November 15, 2012, the Defendant purchased approximately 300 square meters (each vinyl house installed by D as described in the above paragraph (b) and cultivated agricultural crops) installed on the instant real estate from D to November 15, 2012.

D. At present, the real estate in this case is located in the part (B) which connects each point of 357 square meters of a plastic house on the ground (Ga), which connects each point of 357 square meters of a plastic house and 8,4,7, and 8 on the ground (Ga), which are owned by the defendant, in sequence, to the (Ga) part (Ga) which connects each point of 357 square meters of a plastic house on the ground, 357 square meters of a plastic house on the ground, 7,4,5,6,7, and 7 of the same drawing, and each point of 357 square meters of a plastic house on the ground, 9,10,11,12, and 9 of the same drawing, and the (D) part (Ga) which connects each point of 9,10,000 square meters of a plastic house on the ground (hereinafter “each of this case’s plastic houses, storages, and accessories”), and the defendant (hereinafter referred to as “each of the above”).

After purchase as stated in paragraph (1), crops are cultivated in each plastic house of this case.

E. Monthly rent for the instant real estate is KRW 314,70,00 per month from November 16, 2012 to November 30, 2013, and KRW 322,80 per month from December 1, 2013 to November 30, 2014, and KRW 335,100 per month from December 1, 2014 to July 15, 2015.

[Ground of recognition] without any dispute, Gap evidence 1-1, 2, Gap evidence 2, Gap evidence 4-1, 2, Gap evidence 8-1 through 5, Gap evidence 9, 10, Eul evidence 2, the result of the appraisal of rent by appraiser E, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the plaintiff is entitled to the real estate of this case owned by the defendant.

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