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(영문) 대전지방법원 2021.01.13 2019가합102974
소유권확인
Text

The main claim in the lawsuit of this case shall be dismissed.

The defendant shall make each of the buildings listed in the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that aims at the soil construction business, steel reinforced concrete construction business, etc., and the Defendant is a company that aims at removal, waste disposal, restaurant business, etc.

The defendant shall be fully responsible for any safety accident at the site (the instant land).

The defendant shall be responsible for all public charges imposed on the field.

The defendant shall restore the original state upon expiration of the construction period on the site.

The defendant shall be fully responsible for the occurrence of any defect arising from construction works.

B. On May 30, 2016, the Plaintiff and the Defendant entered into an agreement as follows (hereinafter “instant agreement”), and around that time, the owner of each temporary building on the land of Sejong Special Self-Governing City C and D (hereinafter “instant land”) as the Plaintiff, submitted a written report on construction of each temporary building on the land of Sejong Special Self-Governing City C and D (hereinafter “instant land”). The written report was issued on July 1, 2016.

(c)

Since then, this building was constructed on the land of this case. The Sejong Special Self-Governing City Mayor issued a corrective order to voluntarily remove the building of this case and restore it to its original state on the ground of the violation of the Building Act three times from November 19, 2018. On July 18, 2019, the Seoul Special Self-Governing City Mayor imposed a compulsory payment of KRW 51,816,000 on the ground of the nonperformance of the above corrective order.

[Grounds for recognition] Each entry of Gap evidence Nos. 1 through 3, 5 through 8 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. Mainly, the building of this case is not owned by the plaintiff, and thus, it is difficult to confirm the building of this case, and the plaintiff is also entitled to receive administrative sanctions such as enforcement money imposed on the building of this case.

B. Preliminaryly, the Defendant agreed to restore the instant land to its original condition upon expiration of the construction period through the instant agreement, and thus, is obligated to remove the instant building to the said Plaintiff with the said restitution.

3. The main claim is among the instant lawsuits.

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