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(영문) 제주지방법원 2020.06.24 2019나13261

건물등철거

Text

1. The part of the principal lawsuit in the judgment of the court of first instance against the plaintiff (Counterclaim defendant) shall be revoked.

2. The defendant B.

Reasons

1. The reasoning of the judgment of the court of first instance cited in this case is as follows, and except where the plaintiff's assertion and its judgment are added, the judgment of the court of first instance is identical to that of the judgment of the court of first instance. Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure

The plaintiff's assertion as follows is added to the 7th five cases following the first instance judgment.

4) Defendant C, without any title, has occupied each of the instant land and containers, etc. on the instant land without the title. If Defendant C occupies the instant land by an implied loan agreement during the process of concluding a sales contract on the instant land, the period sufficient for the use of and benefit from the instant land has already expired, and the trust relationship between the Plaintiff and the Defendant C was destroyed, and even if it was impossible to maintain the contract, there was a ground for termination of the loan agreement under the good faith principle, and thus, the said loan agreement was terminated as the delivery of the preparatory document as of September 11, 2019.

Therefore, Defendant C is obligated to remove each of the instant buildings, etc. and deliver the instant land to the Plaintiff; and if each of the instant buildings, etc. does not belong to Defendant C, Defendant C is obligated to withdraw from each of the instant buildings, etc.

"The defendant B submitted a written reply on July 9, 2018 to the effect that all the plaintiff's claims are accepted, and as such, the above written reply was presented on the date of the first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's second instance court's second instance to 8th instance court's fourth to 8th instance court's second instance court's second instance court'

Therefore, Defendant B transferred the instant land and each building to the Plaintiff, collected the instant container, and delivered the instant land and each building from April 4, 2017, and collected the instant container.