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(영문) 춘천지방법원 2019.01.23 2018나57

시설물철거 및 토지인도명령

Text

1. Revocation of the first instance judgment.

2. The defendant is also entitled to 8,9,10,11, and 8 of the attached Form No. 1,021 square meters among the attached Form No. 1,021 square meters in Chuncheon City to the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff entered into a public property loan agreement with respect to the area of 1,021 square meters, which is public property owned by Chuncheon-si and Chuncheon-si.

B. The Defendant shall install a plastic house, or a plastic house with the part of “A” attached in order of 8,9,10,11, and 8, among the 1,021 square meters attached hereto, in the line of 3,00 m2, 200 m2, 3, 300 m2, 320 m2, 36 m2, 30 m20 m20 m2, 36 m2, 30 m20 m2, 30 m20 m2, 30 m20 m2, 30 m20 m2, 30 m20 m2, 30 m20 m2, 30 m20 m2, 30 m20 m20 m3, 30 m20 m20 m27, 29 m29 m29 m20 m2.

[Ground of recognition] Facts without dispute, entry and video of Gap evidence 1 through 3 (including branch numbers for those with a branch number; hereinafter the same shall apply)

2. The parties' assertion

A. The Plaintiff’s assertion that the Defendant installed the instant installation and occupied the instant land. As such, the Plaintiff, a lessee, based on the right of possession or subrogation of Chuncheon City, seeks removal of the instant installation and delivery of the instant land.

B. The defendant's assertion that the plaintiff consented to the use of the land of this case without compensation until the land of this case is developed instead of paying the amount of electrical construction to the defendant.

3. Determination

(a)the cause of the claim;