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(영문) 수원지방법원평택지원 2020.11.12 2020가합8397
건물인도
Text

The Defendant, as the Plaintiff

(a) deliver each real estate listed in the annex 1 list;

B. Attached Table 1 from December 6, 2018 to Schedule 1.

Reasons

1. Facts of recognition;

A. The plaintiff and the defendant representative director C are married couple.

B. As to each of the lands listed in [Attachment 1] List 1 and 2 (hereinafter “each of the instant lands”), the registration of ownership transfer was completed on November 26, 2001 on November 14, 2001.

C. On October 25, 2005, the Plaintiff obtained a building permit to construct a building on each of the instant land, and obtained a building permit on May 3, 2006, and around that time, the building listed in attached Table 1 List 3 (hereinafter “instant building”) was newly constructed along with each of the instant land, but it did not obtain approval for use under the Building Act in violation of the Building Act and subordinate statutes.

C while operating a private enterprise, corporation D or corporation E, occupied each of the instant real estate from around 2001 (in the case of each of the instant land) or around 2006 (in the case of the instant building), and the Defendant established the Defendant on February 17, 2017 and run the business of importing and selling stone in each of the instant real estate.

E. On December 6, 2018, the Plaintiff occupied each land of this case, which is owned by the Plaintiff, without permission. The Plaintiff recovered the Defendant’s possession and carried it down. The Defendant sent content-certified mail to the effect that it was used without obtaining approval for use of the building of this case, and received a corrective order to restore it to the original state from Pyeongtaek-si head without obtaining a partial permission for use. Moreover, the Plaintiff obtained approval for use of the building of this case by January 31, 2020, and sent the instant building by delivery.

F. Around July 2019, C filed an application for divorce and division of property against the Plaintiff, but the conciliation was not concluded, and the conciliation was performed as a lawsuit, and the case for divorce and division of property is pending with the Jung-gu District Court 2019dhap60916.

G. The Plaintiff filed against the Defendant each of the instant cases.

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