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(영문) 서울고등법원 2019.08.29 2018나2070388

지상물 철거 및 토지 인도 등

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1. The judgment of the court of first instance, including the Plaintiff’s claim against Defendant B and D added by this court.

Reasons

1. The reasons why this Court stated in this part of the facts of recognition are the same as that of “1. Basic Facts” among the reasons of the judgment of the first instance, and the summary is included in accordance with the main sentence of Article 420 of the Civil Procedure Act.

In calculating the number of the first and third parallels, the margin between the “claim” and the “reason” did not reflect in the calculation of the number of parallels in the third and third parallels.

(hereinafter the same shall apply)

The Plaintiff “Defendant B and C” filed a claim against Defendant B and C for removal of obstacles, delivery of land, overdue payment, and return of unjust enrichment at the first instance court, and the court of first instance accepted the Plaintiff’s claim against the Plaintiff. Of the judgment of first instance, the Plaintiff did not file an appeal against the part regarding C, and the part regarding C in the judgment of first instance became final and conclusive by withdrawing an appeal after appeal. Accordingly, the Plaintiff’s claim against Defendant C is excluded from the scope of the judgment of first instance (hereinafter “C”); and when Defendant B and C are collectively named, “Defendant B, etc.” (hereinafter “Defendant B, etc.”) and “Defendant B, etc.” as “Defendant B, etc.”).

The list of real estate in Form 6 of the Ministry of Education, Science and Technology No. 3

1. The list of real estate shall be the list of real estate, and the “attached Form No. 18” shall be “attached Form”;

2.Each column shall be written with "the drawing." On the 3rd heading of 10 to 11, the following:

“On the other hand, the Plaintiff and Defendant B, etc. acquired the Plaintiff’s qualification as real estate rental business operator, and Defendant B, etc. established a corporation, they again concluded a lease contract under the same conditions as the contents of the instant lease contract.

On July 12, 2017, Defendant D Co., Ltd. (hereinafter referred to as “Defendant Company”) was established, which constitutes “corporation” as stated in the above contract.

In addition, “Defendant D Co., Ltd.” in the fourth page 16-17.