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(영문) 수원지방법원평택지원 2016.07.05 2016가단41826

건물등철거

Text

1. The Defendant removes 4 buildings on which 590 square meters are indicated in the attached Table on the ground before Pyeongtaek-si C, and the said land is above.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the cause of the claim Gap evidence Nos. 1 and 4, the purport of the argument is as follows: (a) the land of this case is owned by the plaintiff; (b) although the land of this case is pre-saleed, it is actually used as a site; (c) four buildings listed in the separate sheet (hereinafter “instant building”) owned by the defendant are located on the above land (hereinafter “instant building”); and (d) the plaintiff filed a lawsuit against the defendant seeking removal, etc. of a building at this court around August 2012, but the plaintiff was recognized as legal superficies of this case, and thus, paid the plaintiff KRW 2,718,00 and KRW 453,00 from February 1, 2013 to the date of the loss of possession of the instant land; and (d) the decision to recommend settlement that the plaintiff shall pay KRW 400,000 per month to the plaintiff; and (e) the defendant shall be served for more than 300,0014,2000.

Therefore, the Defendant is obligated to remove all four buildings of this case to the Plaintiff and deliver the land of this case.

2. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

참조조문