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(영문) 수원지방법원 2017.11.02 2017나50188
건물명도
Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

(b).

Reasons

1. Facts of recognition;

A. On September 15, 2005, the Plaintiff: (a) on March 8, 2006, known to the Defendant church, that the lot number was changed to “C” due to the substitution of land on March 8, 2006, the registration of the title C in Ansan-gu, the registration of the title C was 766.2 square meters; and (b) on the land and the building 291.5 square meters in the Defendant church, the Plaintiff granted permission to use the public property only to the Defendant church.

The "Permission to Use Public Property of this case" was "Permission to Use Public Property of this case", and the above permission to use public property was renewed several times and terminated on May 31, 2009.

B. The building of this case, "the land of this case" and "the building of this case below the land of this case" in Ansan-si, Ansan-si, was under administration as administrative property, but it was abolished on June 3, 2009 and became general property.

C. Defendant B, as the representative of the Defendant church, uses part of the instant building as a towing dividend, and uses it for the residence of his family members.

On the land of this case, a container stuff, such as the attached photo, has been installed and used as an accessory facility to the church building (hereinafter referred to as the "container stuff of this case"). [The fact that there is no ground for recognition, the entries in the evidence Nos. 4, 5, 6, 7, 14, 16, and 17, and the purport of the entire pleadings.]

2. To judge the principal lawsuit and counterclaim together;

A. Since the use permission period for the public property of this case has expired, the defendant church should deliver the building of this case and its site in the absence of special circumstances.

However, the plaintiff sought delivery of the whole parcel on the ground that the defendant church occupies the whole parcel in excess of the part of the site area where the building is built for the original use, but there is no evidence to acknowledge it.

Therefore, since the delivery of the site where the building is built is achieved by the delivery of the building, only the delivery part of the building is to be cited.

In addition, the defendant B uses part of the building of this case for the purpose of residence with his family members.

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