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(영문) 수원지방법원 여주지원 2018.09.04 2017가단4579

구조물철거 및 토지인도

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1. The defendant

A. Of the area of 2,227 square meters in a fish farm in a fish farm in a fish farm, each point of the attached Table 40 to 44 is marked.

Reasons

Facts of recognition

The Plaintiff is the owner of 2,227 square meters (hereinafter “instant land”) in each fish farm in each fish farm in each city, and the Defendant is the owner of D and E land adjacent to the said land (hereinafter “Defendant’s land”).

The Defendant, among the land of this case, he stored a stone shed (hereinafter “the instant stone shed”) on the line that connects each point of 33 to 39 marks, such as the line connecting each point of 40 to 44 marks.

그리고 위 토지 중 이 사건 석축을 통해 구분되는 부분인 같은 감정도 표시 13, 40 내지 44, 19, 18, 17, 16, 15, 14, 13의 각 점을 차례로 연결한 선내 (나) 부분 219㎡[이하 ‘(나) 부분’이라 한다]를 밭으로 사용하고, 별지 감정도 표시 33 내지 39, 7, 6, 5, 4, 33의 각 점을 차례로 연결한 선내 (다) 부분 103㎡[이하 ‘(다) 부분’이라 한다]에 향나무 44그루, 쥐똥나무 37그루, 철쭉나무 98그루를 식재하여 묘지의 부지로 사용하고 있다.

(B) (C) the sum of the rent equivalent from August 24, 2007 to August 23, 2017 is 3,309,000 won, and the monthly rent after August 24, 2017 is 35,920 won.

(Reasons for Recognition) Facts without dispute, each entry of Gap evidence 1 through 4 (including each number), appraiser F, and G's result of each appraisal, the purport of the whole pleadings.

As to the defendant's appeal of this case regarding the defense before the merits, the lawsuit of this case must be dismissed on the grounds that there was no special privilege through the general meeting of the plaintiff's clan.

Judgment

According to the statement No. 6-2 of the evidence No. 6-2, the plaintiff held a general meeting on March 26, 2017, and it is recognized that the above general meeting passed a resolution to delegate the power to the president H.

Therefore, we cannot accept the defendant's defense of this case since it is judged that the defendant had the right to file the lawsuit of this case through the general assembly.

The defendant's objection to the merits.