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(영문) 제주지방법원 2015.11.25 2015나1338
건물명도
Text

1. Revocation of a judgment of the first instance;

2. The defendant's store number in the D market located in Seopopopo City C is the plaintiff.

Reasons

1. The reasoning for the court’s explanation on this part of the underlying facts is as follows: (a) the Plaintiff’s “Plaintiff” under Section 13 of the judgment of the court of first instance, on the 3rd, and the Defendant’s “Defendant” under Section 14, are the same as the corresponding part of the reasoning of the judgment of the court of first instance, except where the Plaintiff respective “Plaintiff” as “Plaintiff,” and thus, it is acceptable

2. Determination as to the cause of claim

A. A person who has obtained permission from the State or Si to use the land can exercise the right to claim the transfer of the land against the State or the City illegal occupant in order to preserve the right to claim the use of the land against the State or Si, the managing entity, and in this case the Plaintiff may request the illegal occupant to deliver the land directly to him/her.

(See Supreme Court Decision 93Da59502 delivered on May 12, 1995, and Supreme Court Decision 2009Da1122 delivered on June 11, 2009, etc.). B.

In light of the above legal principles, we examine the plaintiff's primary claim, and examine the above facts. The plaintiff, the owner of the land of this case, obtained permission to use the store number 15-15, the used area of 6 square meters from the Seopopopo City delegated by the Jeju Special Self-Governing Province, and has the right to request the plaintiff and the defendant to use the part concerning the first issue of this case, which is the land for which permission to use was granted as above, as the dispute arises between the plaintiff and the defendant, and notify the defendant of the fact that the boundary line of 15-3 and 15-15 on May 25, 2012 was determined as the boundary line of this case and that the part for which the plaintiff obtained permission to use from Seopo City is returned to the defendant is equivalent to the store number 15-15 and the used area of 6 square meters, it is reasonable to view that the plaintiff has the right to use the first issue of this case corresponding to the area of Seopopo City or Jeju Special Self-Governing Province.

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