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(영문) 수원지방법원 여주지원 2017.01.10 2015가단23668

비닐하우스 철거 등 청구의 소

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1. The part of the conjunctive claim against the Defendant (Counterclaim Plaintiff) shall be dismissed.

2. The Defendant (Counterclaim Plaintiff) is the Plaintiff.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On August 21, 2014, the registration of ownership transfer (hereinafter referred to as the “registration of ownership transfer”) was completed on the ground of sale (the transaction price: KRW 375,000,000) in the name of the Plaintiff on August 21, 2014 from Suwon District Court, Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangpo-gun, Yangpo-gun, Yangpo-si, Yangpo-si (hereinafter referred to as the “instant land”).

B. Around spring spring in 2015, the Defendant: (a) indicated in the annexed drawings (1), (2), (3), (4), and (1) installed a vinyl of 188 square meters in the portion of the instant land (1) connected with each point; (b) indicated in the annexed drawings (1), (5), (6), (7), (8), and (5) installed materials in the portion of each of the instant land (2) connected with each point in the ship; (3) installed a vinyl of 235 square meters in the annexed drawings (2), (9), (10), (1), (2), and (9) installed a vinyl of 197 square meters in the portion of the instant land (3) connected with each point; (3) installed in the portion of the instant land (5) connected with each point; and (4) installed materials in each of the said plastic houses (hereinafter referred to as the “the instant plastic greenhouse”); and (4) cultivated them in each of the instant land and cultivated seedlings, etc. without cultivating them.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 16, each entry of Gap evidence 4, 5, 6, Gap evidence 25-1 through 5, Gap evidence 31-1, 2, and 3, the result of the survey and appraisal by this court, the purport of the whole pleadings

2. The parties' assertion

A. Since the Defendant, on the land of this case, which is the Plaintiff’s assertion, installed the instant vinyl without permission, cultivated the vegetables with materials, or planted seedlings on the land of this case, etc., the Defendant removed the instant vinyl house to the Plaintiff, removed or run the collection or collection of materials, etc., and collect or take the seedlings, vegetables, materials, etc. on the land of this case.