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(영문) 창원지방법원밀양지원 2015.10.14 2015가단10150
토지인도
Text

1. The Plaintiff:

A. Defendant C’s acceptance Intervenor D indicated the attached Form 1 drawings (A) on the land of 515 square meters wide and 515 square meters wide, Sinnam-gun.

Reasons

1. Facts of recognition;

A. The Plaintiff completed the registration of transfer of ownership on December 6, 2012, 2012 with respect to the land of 515 square meters in Sinnam-gun E (hereinafter “instant land”) and F 334 square meters in Sinnam-gun (hereinafter “instant land 2”).

B. The acquiring intervenor D owns a 33 square meters of the instant land unit, 26.45 square meters of the instant land unit, and 33.06 square meters of the single-story farm house in the part part (C), which is part (hereinafter “instant building”). Defendant B owns the 16.5 square meters of the instant land unit and the 16.5 square meters of the apartment-story farm house in the part (a) and the 16.5 square meters of the apartment-story farm house in the part (b) of the attached Table 2 on the ground of the instant land and the 43 square meters of the apartment-story farm house in the cement block structure (hereinafter “instant building 2”).

[Reasons for Recognition] Each entry of Gap's Evidence Nos. 1 through 4 (including paper numbers), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the acquiring intervenor D has a duty to remove the building No. 1 and deliver the land No. 1 to the Plaintiff, which is the owner of the land No. 1, and Defendant B has a duty to remove the building No. 2 and deliver the land No. 2 to the Plaintiff, which is the owner of the land No. 2.

3. On May 10, 1939, the acquiring intervenor D had registered the inheritance of the land of this case and received a loan from the Joseon Bank on June 5, 194, and clearly made it clear that the Plaintiff had repaid the above loan and received a donation of land No. 1 in this case from the Simsan Bank on the part of the acquiring intervenor D, by constructing a new house to donate the land of 100 square meters to the marine group H of the acquiring intervenor D, and by requesting it to manage and request the land of this case, the deceased H resided in the first building of this case. The Plaintiff's assistance team I had registered the inheritance of the land of this case on May 10, 1939, and the Party H resided in the building of this case. Since then H, ASEAN, and the acquiring intervenor D resided in the building of this case.

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