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(영문) 의정부지방법원 2017.06.21 2017가단106466
토지인도
Text

1. The Defendants, in sequence, each of the items indicated in the attached Form 1, 2, 3, 4, and 1, among the 2,036 square meters of Guri-si D Miscellaneous land 2,036 square meters to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is one-half of the co-ownership share of 2,036 square meters in Guri-si (hereinafter “instant land”).

B. The Defendants, among the instant land, installed a container stuffing two and a variety of facilities on the ground of 297.84 square meters on the part inside the ship which connects each point of the indication of the annexed drawing Nos. 1, 2, 3, 4, and 1 in sequence among the instant land (hereinafter “the part occupied in this case”), while engaging in the wholesale business of scrap iron and recycled products, and installed various waste materials and garbage.

[Ground of recognition] Facts without dispute, entries in Gap 1 through 15, purport of the whole pleadings

2. Determination

A. According to the above facts, the Plaintiff, as co-owner of the land of this case, can seek the removal of the above ground container 2 boxes, various facilities, removal of waste, and delivery of the land from the Defendants, who are the possessor of the part in possession of this case as the owner of the land of this case.

B. As to this, the Defendants asserted to the effect that the Plaintiff’s mother-friendly E (the former owner of the instant land) had the Defendants manage the surrounding land and used the part of the instant land free of charge, but there is no evidence to acknowledge this. Thus, the above assertion is without merit.

(G) The Defendants’ use of the instant case constitutes a loan for use without setting the time of return. It is reasonable to view that the Defendants’ use of the instant case constitutes a loan for use without setting the time of return, and that the contract is terminated by the intent of termination of the lender after the lapse of the period sufficient for the use and profit-making pursuant to Article 613(2) of the Civil Act.

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