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(영문) 서울북부지방법원 2015.10.16 2015가단106339

토지인도 등

Text

1.For the plaintiff:

A. Defendant A indicated in the attached Form No. 1, 3, 4, 5, 6, 9, 10 of the F School Site 12,378.3 square meters in Seoul Special Metropolitan City, Nowon-gu.

Reasons

1. Facts of recognition;

A. The Plaintiff is an owner of 12,378 square meters of the F School site in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City (hereinafter “instant school site”).

B. Defendant A, without permission, owns a building indicated in the attached Form No. 1 (hereinafter “instant building”) and occupied a part of 140.8 square meters in the ship which connects each point of the attached Form No. 1, 3, 4, 5, 6, 9, 10, and 1 in sequence among the school sites of the instant case as the site for the instant building.

C. Defendant B, C, D, and E leased and possess part of the first or second floor of the building of this case from each Defendant A. The part of the building on the ground of the school site of this case possessed by the said Defendants is as follows.

Defendant B, among the 1st floor of the instant building, was connected with each point of (B) section 5.9 square meters in sequence with each point of (B) section 2, 3, 4, 7, 8, and 2 of the annexed drawing, Defendant B, among the 1st floor of the instant building, connected with each point of (c) section 35.2 square meters in sequence with each point of (a), 5, 6, 18, 7, 9, 19, and 4 of the annexed drawing among the 1st floor of the same building, Defendant B, among the 1st floor of the instant building, with each point of (a) section 1,2, 8, 9, 10, 100 square meters in sequence with each point of (a) the annexed drawing indicating 1,12, 13, 14, 15, 17, 18, 8, 9, 19, and 15.2 square meters in sequence (a) of the entire pleadings

2. The Defendants asserted that the Defendants’ determination on the defense prior to the merits is unlawful as it is an act of unauthorized Representation and thus dismissed, as it is unlawful for the Superintendent of an Office of Education to bring the instant lawsuit against the remaining lands except for the instant school sites to the owners of the State, etc., and the building of this case was constructed on the ground of five parcels, other than the instant school sites.

The defendants' defenses in this case are filed by those without the power of representation.