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(영문) 의정부지방법원 2017.11.02 2016나9859

비닐하우스 철거 및 토지인도

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1.The judgment of the first instance, including a claim that has been reduced in the trial, shall be modified as follows:

The defendant.

Reasons

1. Facts of recognition;

A. On April 2, 2014, the Plaintiffs purchased each real estate listed in the separate sheet (hereinafter referred to as “each of the instant real estate”) from Category D (hereinafter referred to as “foreign clan”) and completed the registration of ownership transfer on June 9, 2014 for each of the instant real estate on the grounds of sale as of April 2, 2014.

B. The Defendant, as a member of the non-party clan of this case, installs and occupies each plastic house (hereinafter “each plastic house of this case”) on the part 148 square meters and 11, 12, 13, 14, 15, 16, and 11 in order to connect each point of “brea” in the order of 145 square meters and 7, 7, 8, 9, 10, and 7 of the same drawings among the respective real estate of this case, which are linked in order to each point of “B” in the same section 148 square meters and 11, 12, 13, 14, 15, 16, and 11.

(hereinafter referred to as “the occupied part of this case”). 【No dispute exists, entry of Gap evidence 1 through 4, the result of the measurement and appraisal commission to the chief executive officer of the Korea Land Information Corporation in the first instance court, the purport of the entire pleadings.

2. Determination on removal and request for extradition

A. According to the facts of the above recognition as to the cause of the claim, the defendant has a duty to remove each of the instant vinyls and deliver the occupied portions of the instant case to the plaintiffs, barring special circumstances, as it exclusively occupies each of the instant real estate by establishing a vinyl house on each of the instant real estate owned by the plaintiffs.

B. The defendant's argument 1) The defendant was permitted to use each real estate of this case from the non-party clan in return for the preparation and provision of the non-party clan trial system.

B) The articles of association of the non-party clan (hereinafter “instant articles of association”) submitted at the time of filing an application for ownership transfer registration under the name of the plaintiffs with respect to each real estate

The "resolution of the Steering Committee" shall be real estate owned by a clan.