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(영문) 서울서부지방법원 2017.11.15 2016가단233593
토지인도
Text

1. The defendant against the plaintiffs

(a) Of the lands listed in paragraph (1) of the attached Table 1, the Attached Table 1, 2, 3, 4, 5, 6, 7, and 1 shall be as follows:

Reasons

1. Basic facts

A. On December 29, 2015, D completed the registration of ownership transfer for each of the lands listed in the separate sheet (hereinafter collectively referred to as “each of the instant lands”) from Nonparty E, who is the Defendant’s convict, on December 29, 2015, and the Plaintiffs received the registration of ownership transfer for each of the instant lands from the aforementioned D on July 31, 2017 during the instant lawsuit.

B. The Defendant is the owner of F factory site, 981m2, G factory site, 335m2, H factory site, 940m2, and 956m2, etc. adjacent to each of the instant land. Of the instant land, the part of 44m2 in the ship connecting each of the instant land in sequence with the respective points of 1, 2, 3, 4, 5, 6, 7, and 14m2 (hereinafter the “instant part”), and the part of 61m2 in the ship connected each of 8, 9, 10, 11, 12, and 8 of the same drawings (hereinafter the “instant part”) and the part of 61m2 in the order of priority among the instant land 2, which are connected each of 32m2 in the attached drawings (hereinafter the “instant part”) connected to each of 32m2 in the order of priority to each of the instant land (hereinafter the “instant part”).

[Reasons for Recognition] Unsatisfy Facts, Gap's statements or images, Gap's evidence Nos. 1 through 6, 9, 10, 11, Eul's evidence Nos. 10, 15, and 16 (including each number), and the purport of the whole pleadings (the defendant's assertion against the above facts of recognition is not accepted)

2. The assertion and judgment

A. Comprehensively taking account of the facts based on Paragraph 1, the defendant delivered the part of this case's A, B, C, and D to the plaintiffs at the request of the plaintiffs, co-owners of each of the lands of this case, barring special circumstances, and paid unjust enrichment equivalent to each of the above fees by the completion date of delivery of each of the above parts. The defendant jointly uses the above B, C, and D parts by the residents, and the defendant jointly uses them.

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