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(영문) 춘천지방법원영월지원 2020.06.24 2019가단2228
건물퇴거
Text

1. The Defendants: (a) are not less than 66,689 square meters of forest land D, Taewon-si, Gangwon-do; (b)

(a) an indication of the Appendix No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 9.

Reasons

1. Facts of recognition;

A. The Plaintiff is an owner of D forest land 66,689 square meters (hereinafter “instant land”).

B. E is the owner of a 39m2 inboard, which connects each point of the attached drawings No. 2, 3, 17, 16, and 2 in sequence among the land in this case, with the area No. 38m2 in the structure of the wall structure of the wall structure and the roof No. 16, 17, 18, 19, and 16 of the same drawings, among the land in this case, the area No. 20, 21, 22, 22, 23, 24, 25, and 20m2 of the same drawings and the area No. 20 in the ship’s structure of the wall No. 16, 17, 18, 19, and 16 of the same drawings (hereinafter “each building in this case”).

C. The Defendants, who leased each of the instant buildings from E, occupy and use the part “A” and 521 square meters in the ship that connects each of the above points in sequence of 1,2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 1 in the order of priority among the above buildings and the instant land.

The Plaintiff filed a lawsuit against E with the Chuncheon District Court as Youngcheon Branch Branch 2016 Ghana27, and on November 22, 2016, the Plaintiff rendered a judgment that “E shall pay to the Plaintiff money at the rate of KRW 81,260 per month from January 1, 2016 and from the time of removing each of the instant buildings, etc. and until transferring the instant site, etc.,” and the said judgment became final and conclusive.

E. Meanwhile, on the other hand, the Plaintiff filed a lawsuit against E on the grounds of delinquency in rent, as the Youngcheon District Court’s Young Branch Branch 2019Gadan109, and the said court rendered a judgment on November 20, 2019 that “E shall remove each of the instant buildings, etc. to the Plaintiff and deliver the instant site portion, etc.”

For this, E filed an appeal with the Chuncheon District Court 2019Na54600, and it is currently pending in the appellate trial.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. Determination:

(a) above;

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