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(영문) 인천지방법원 2021.03.18 2020가단252771
건물등철거
Text

The Defendant, as the Plaintiff

A. Each point is indicated in Annex 6, 7, 8, 10, and 6 on the ground of the land listed in Annex 1.

Reasons

Basic Facts

A. On November 29, 2019, each ownership was completed on the grounds of trust on November 6, 2019 under the name of the Plaintiff on November 29, 2019 with respect to the land of 1480 square meters in Incheon Gyeyang-gu C Forest and C, and 6,360 square meters in D forest and fields (hereinafter “each land of this case”).

B. On November 11, 2014, the Defendant: (a) leased each of the instant land from E Co., Ltd. and successively connected each of the above points with E Co., Ltd. with the point of 6, 7, 8, 10, and 6 in sequence, among each of the above land; (b) occupied each of the above land by constructing and occupying a container single-story office (hereinafter “instant office”) on the 15 square meters in part; and (c) connected each of the above land with each of the above points of 1,2,3,4,5,5,6,7,7,8,9,11, and 11 in sequence connected each of the above land to E Co., Ltd. with each of the above points of 73 square meters in size and 1,14,12,12,9,1100 square meters in size; and (d) owned each of the above cement 25 square meters in sequence with each of the above ground drawings attached to each of the above land.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 2 and 3, the result of the appraisal commission to appraiser F, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant who occupies each of the lands of this case, barring special circumstances, shall remove the office of this case to the plaintiff who is the owner of the land of this case, deliver the site, and leave the factory of this case.

3. Judgment on the defendant's assertion

A. The defendant asserts that the plaintiff succeeded to the status of the lessor of E Co., Ltd., the owner of each of the buildings of this case, but there is no evidence to acknowledge the defendant's assertion.

The defendant's argument is without merit.

B. In addition, the Defendant owned each of the instant land and each of the instant factories, but only the instant land was owned by G, the ownership of which was changed in the future of the Plaintiff. As such, G is each of the instant lands.

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