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(영문) 창원지방법원 2020.11.12 2019가단108254

지상물 철거 및 토지인도

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1. The defendant is respectively indicated in the attached Form 1, 2, 3, 4, and 1 among the land size of 1779 square meters in the field of 1,2, 3, 4, and 1 to the plaintiff succeeding intervenor.

Reasons

1. Basic facts

A. The land of this case (hereinafter “instant land”) is the land on which the E Corporation is proceeding in the same day. < Amended by Presidential Decree No. 17792, Feb. 1, 201>

The Plaintiff received the registration of ownership transfer on July 20, 2018 as a trustee with respect to the instant land.

B. On February 27, 2019, the Defendant: (a) connected each point in the attached Form No. 1, 2, 3, 4, and 1 among the instant land in sequence; (b) “the key part of the instant land” refers to “the main part of the instant case.”

The above ground was installed, such as container stuffs.

C. The intervenor succeeding the plaintiff et al. is called the intervenor succeeding the plaintiff et al.

On April 17, 2019, the Plaintiff purchased the instant land from the Plaintiff while the instant lawsuit is pending; and

4. 18. He completed the registration of ownership transfer in the future of the Intervenor.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap 2, 5, and 6-2

2. According to the facts seen earlier as above, the Defendant is obligated to remove the above ground materials, such as container stuffs, installed in the occupied part of the above land, to the intervenors, who are the owner of the above land, and deliver the above occupied part to the intervenors, unless there are special circumstances.

As to this, the Defendant asserts that, in the course of collecting earth and rocks in F and 7 lots, the Defendant carried out the land in question while collecting earth and rocks, and carried out the aggregate brought out from the outside on the land in question, and accordingly, the Defendant has a claim against G Co., Ltd., the said industrial complex development project executor company, thereby exercising the right of retention on the land in this case with the claim for the construction cost as the secured claim.

As to the Defendant’s assertion, the right of retention shall be established when the secured claim in question arises with respect to the subject matter thereof. However, the secured claim asserted by the Defendant solely based on the descriptions and images of the evidence Nos. 1 through 7 is connected with the land of this case.