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(영문) 수원지방법원여주지원 2014.12.19 2014가단8150

건물등철거

Text

1. The Defendant shall deliver to the Plaintiff the 504m2 in Gyeonggi-gun C, the 504m2 and the 493m2 in Gyeonggi-gun D.

2...

Reasons

1. The assertion and judgment

A. As to the cause of the claim, the Plaintiff sought against the Defendant the transfer of each of the lands listed in Paragraph (1) of the Disposition (hereinafter “instant land”), the Plaintiff acquired ownership on the instant land by means of voluntary auction on May 22, 2014. The fact that the Defendant occupied the instant land by piling up containers, building materials, etc. on the instant land is recognized as having comprehensively taken account of the entire purport of the pleadings and arguments between the parties or at the request of the Plaintiff, the owner of the instant land, barring any special circumstance. The Defendant is obligated to deliver the instant land to the Plaintiff at the request of the Plaintiff, who is the owner of the instant land.

B. As to the judgment on the Defendant’s assertion, the Defendant alleged that the Plaintiff’s claim for rent was groundless since the container, construction materials, etc. loaded on the instant land did not belong to the Defendant. However, as seen earlier, the Defendant occupied the instant land, and the Plaintiff withdrawn the claim for rent against the Defendant, there is no room for accepting the Defendant’s assertion.

2. It is so decided as per Disposition by the assent of all participating Justices on the bench.