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(영문) 인천지방법원 2018.07.26 2017가단27364
점유회수등
Text

1. The plaintiff's claims against the defendant (appointed parties) and the designated parties are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. The Plaintiff’s assertion ELT Construction Co., Ltd. is a contractor awarded a contract for a new construction of “C” including real estate listed in the separate sheet (hereinafter “instant building”). The Plaintiff is a contractor awarded a subcontract for a part of a mutual assistance facility among new construction works from ELT Construction Co., Ltd.

From October 208, the Plaintiff occupied and managed the instant building from October 2008, and exercised a lien based on the claim for construction cost.

However, around September 12, 2016, the Defendant (Appointeds) and the designated parties deprived of the Plaintiff’s possession of the instant building.

Therefore, the plaintiff seeks the recovery of possession.

2. Determination is not sufficient to recognize that the Plaintiff occupied the instant building on or around September 12, 2016, only the evidence submitted by the Plaintiff, including evidence Nos. 3, 4, 5, 6, 10, 11, 12, 13, 14, 15, 16, and 17, asserted that the Plaintiff was deprived of the possession of the instant building at the time when the Plaintiff asserted that the Plaintiff was deprived of possession in order to claim the recovery of possession. The Plaintiff’s assertion is without merit, as there is no other evidence to prove otherwise.

3. In conclusion, the plaintiff's claim against the defendant (appointed party) and the appointed party is dismissed as it is without merit. It is so decided as per Disposition.

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