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(영문) 수원지방법원 2019.11.26 2019나59929

건물등철거

Text

1. The judgment of the first instance, including a claim that has been changed in exchange in this court, shall be modified as follows:

Reasons

1. The following facts are found either in dispute between the parties or in full view of the overall purport of each request for expert witnesses E and F by the court of first instance for appraisal, each of the following facts is found: Gap evidence Nos. 1, 2, 8, 9, 10, Eul evidence Nos. 1, 2, 3, 4, 5, 6, 7 (including each number), or video Nos. 1, 2, 3, 4, 5, 6, and 7

A. The Plaintiff is the owner of D forest land divided on July 1, 2019 and 550 square meters divided on July 1, 2019 (hereinafter “instant land”).

B. Around June 2010, G, the Defendant’s representative (in-house director), leased a building of 1,275 square meters in the wife population H, 1,275 square meters in I forest, 949 square meters in J forest, 664 square meters in K forest, 883 square meters in size and its ground, manufacturing facilities, and warehouses, and succeeded to the status of the lessee by taking over the factory equipment, machinery, and equipment from L Co., Ltd., which was operating the factory, and around that time, the Defendant was established by taking H as the location of the principal office.

C. On June 1, 2015, G purchased several buildings on the above H, I, J, K, and each of the above lands, and completed the registration of ownership transfer on each of the above lands and buildings on July 15, 2016. The Defendant concluded a lease contract on each of the above lands and buildings with G around July 2, 2015, and leased and used each of the above lands and buildings thereafter.

On the other hand, on the ground of the instant land owned by G, the building (hereinafter “instant building”) affected the part (d) and 185 square meters (hereinafter “the part (d) of the instant building connected to each point of the instant land owned by the Plaintiff in sequence, among the instant land owned by the Plaintiff, in which the part (d) and 185 square meters (hereinafter “the instant part (hereinafter “instant building”) are located, among the instant land owned by the Plaintiff, are used as the site for the instant building, in order to connect each point of 1,34,42, 43, 44, 44, 45, 33, 49, 49, 47, 46, 45, 45, 49, and 1 in sequence, among the instant land owned by the Plaintiff.

G At the time of purchase of land, such as the above H, and several buildings on its ground on June 1, 2015.