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(영문) 인천지방법원 2017.12.07 2016가단245110
토지인도
Text

1. The Defendants are to the Plaintiff:

(a) Each container listed in Annex A, B, C, D, F, g, and H in Annex B paragraph 2.

Reasons

1. The Plaintiff, on October 27, 2014, purchased 141 square meters of land in Seo-gu Incheon Special Metropolitan City D 1411 square meters of land and E 6953 square meters of land (hereinafter “each forest of this case”) in the public sale procedure administered by the Korea Asset Management Corporation and completed the registration of ownership transfer on November 14, 2014. The Defendants installed containers and buildings listed in the separate sheet No. 2 in the separate sheet No. 98694 on each forest of this case on each of the forest of this case and operated “F” in the separate sheet No. 1 through No. 4 (including the separate numbers for each forest of this case). The Defendants, barring any special circumstance, have the duty to remove each of the buildings of this case among the separate sheet No. 2 (a), (b), (f), (c), (f), (g), and (h).

2. Determination on the defense, etc.

A. The Defendants asserted that they leased each forest of this case from G to the former owner of each forest of this case, and that the Plaintiff entered into a lease agreement with the Plaintiff on November 2015, immediately after the Plaintiff acquired the ownership of each forest of this case in the public sale procedure to set forth a lease agreement of KRW 500,000 per month on each forest of this case. Thus, the Defendants asserted that they had the right to possess each forest of this case.

In full view of the overall purport of the pleadings in evidence Nos. 1 and 2, the Defendants leased and occupied and used the forest of this case from G around February 29, 2004. The Defendants: (a) KRW 1 million on December 20, 2015; (b) KRW 500,000 on January 29, 2016; (c) KRW 500,000 on March 1, 2016; (d) KRW 500,000 on April 1, 2016; and (e) KRW 50,50,000 on April 30, 201; and (e) KRW 500,00 on June 15, 2016; and (e) KRW 500,000 on July 25, 2016; and (e) KRW 500,000 on August 25, 2016.

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