점유회수청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On November 2007, the Plaintiff was divided into KRW 1,577 square meters of land in Seo-gu Busan, Seo-dong, Busan, Seo-gu, Busan, as of November 29, 2007, from the Unborn Holdings Co., Ltd. (hereinafter “Seo-dong Holdings”), and divided the land into KRW 1,499 square meters of C forest land and KRW 78 square meters of D forest land.
The construction of a new “E factory” on the third and third underground floors and the eighth underground floors was awarded a contract for the construction of a new “E factory” (hereinafter “instant construction”).
B. Around May 2008, the Plaintiff commenced the instant construction and discontinued the construction due to aggravation of the standing 3rd above the ground’s financial standing.
C. On November 11, 2014, the Defendant purchased the instant land from the Korea Asset Trust Co., Ltd. that was entrusted with the instant land from an unborn Holdings.
On November 12, 2014, the following day, the Defendant replaced the locks installed by the Plaintiff at the central entrance and exit of the instant construction site, installed a safety marking line at the level of knee height at the front of the instant construction site, and up to November 18, 2014, the security guard incurred expenses for the instant construction site.
E. At the construction site of this case at the time of November 12, 2014, the building and the steel structure, such as the sloping, and the safety fences remain as they were, but there was no other building equipment or building materials.
F. The Plaintiff filed a provisional disposition prohibiting the obstruction of possession with the Busan District Court 2015Kahap323 on the ground that the Defendant deprived of the possession of the instant land and the building, but was dismissed, the Plaintiff filed a final appeal or reappeal but became final and conclusive as it was
(In Busan High Court Decision 2015Ra5034, Supreme Court Decision 2015Ma4227). 【No dispute exists in the ground for recognition, the entry in Gap 2, 3, 5, 9, Eul 4 and 5 (including the serial number; hereinafter the same shall apply), the result of on-site verification by this court, the purport of the whole pleadings.
2. The assertion and judgment
A. The Plaintiff’s summary of the Plaintiff’s assertion is at least 40% of the construction work, and around May, 201, the Plaintiff continued to work.