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(영문) 전주지방법원 2018.01.16 2016가단21096

토지인도

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. 1) Summary of the Plaintiff’s assertion

(2) In order to use the building of this case on its own, the Plaintiff owned the land indicated in [Attachment 1 to 3] List 1 to 3 (hereinafter “instant land”), and the Defendant occupied the instant land without permission to use the building of this case, thereby hindering the Plaintiff’s exercise of ownership right to the instant land. In order to use the building of this case on its own, the title trust was terminated by the Plaintiff’s transfer of ownership in the name of the Defendant, a social welfare foundation, due to administrative issues. As such, the Plaintiff terminated the title trust upon delivery of the application for modification of the claim of this case.

Therefore, the defendant has the duty to remove the building of this case as stated in the conjunctive claim and deliver the land of this case to the plaintiff.

B. The summary of the Defendant’s assertion 1) The Plaintiff’s representative C’s acting director of the Plaintiff’s Safety Defense filed the instant lawsuit beyond his authority. The instant lawsuit was unlawful, since it did not go through the resolution of the Plaintiff’s board of directors. As such, the instant lawsuit is unlawful. (A) The instant part of the instant claim is the building that was newly built by the Defendant at the expense and owned by the Defendant. (b) Since the Defendant newly built the instant building with the Defendant’s consent to use the instant land with the Plaintiff’s permission, the Defendant did not occupy the instant land without permission.

2. In full view of the following facts: (a) whether the Defendant’s lawsuit of this case was lawful or not; (b) whether there was no dispute; and (c) the purport of the entire pleadings in the statement No. 1 of the evidence No. 1, D.