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(영문) 청주지방법원 충주지원 2018.05.15 2017가단1199
토지인도 등
Text

1. The Plaintiff:

A. Defendant B Co., Ltd. indicated in the attached Form No. 13, 14, 15, 16, among the area of 2,31m2 before D, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of 2,331 square meters (hereinafter “instant land”) prior to D’s voice-gun, Chungcheongbuk-gun (hereinafter “instant land”).

B. Around December 195, the Plaintiff built a new factory of the fourth floor of the Cheongyang-gun, Chungcheongnam-gun, and the fourth floor of the 14th floor of the Gyeongdong-gun, and completed the preservation of ownership (hereinafter “the factory of this case”) on the land of this case (hereinafter “the non-party company”), and filed a lawsuit against the F Co., Ltd. (hereinafter “the non-party company”) to remove the retaining wall of the factory of this case constructed in the part of the land of this case under the Cheongju District Court Decision 95Da5526, Cheongju-ju, the Cheongju District Court Decision 95Da526, and the part in possession was handed down on August 14, 1996 (hereinafter “the judgment of the previous lawsuit of this case”). The above judgment became final and conclusive on September 21, 196.

C. After November 20, 2007, Defendant B Co., Ltd. (hereinafter “Defendant B”) purchased the instant factory and its site, and completed the registration of ownership transfer on January 10, 2008.

At present, among the land in this case, a concrete retaining wall (hereinafter “the retaining wall in this case”) is constructed on the ground (hereinafter “the retaining wall in this case”) that connects each point of the attached drawing Nos. 13, 14, 15, 16, and 13 among the land in this case. Defendant C (hereinafter “Defendant C”) is occupying the site of the factory in this case, which connects each point of the attached drawing Nos. 15, 8, 16, 15 among the retaining wall in this case and the land in this case, and connects each point of the attached drawing No. 15, 8, 16, and 15 among the retaining wall in this case and the land in this case.

E. From November 20, 2007 to February 19, 2018, Defendant B’s total rent from November 20, 2007 to February 19, 201, is KRW 650,370, and the monthly rent using the occupied portion as of November 20, 2017 is KRW 8,640.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, and the result of each commission to appraisal by the Korea Land Information Corporation, President of the Korea Land Information Corporation, and appraiser G, the purport of the whole pleadings.

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