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(영문) 수원지방법원 2018.09.19 2017가합2277
시설물철거등
Text

1. The Defendants shall indicate, among the third roof of the buildings listed in the attached list, the annexed drawings (1), (2), (3), (4), (5), and (6).

Reasons

Facts of recognition

On November 8, 2012, Defendant C&A Co., Ltd. (hereinafter “Defendant C&A”) leased the buildings indicated in the attached list (hereinafter “instant building”) from KTC Co., Ltd. (hereinafter “KC”), and on the third roof of the instant building on January 15, 2013, the attached drawings indicating ①, ②, ③, ④, ④, ④, ④, ④, ④, viii, ? solar power generation facilities [solars (290W), 52, 50kW 2, and 400kW 1, and 400kW 1,” and hereinafter “instant facilities”) were installed on the roof of the instant building on the third floor of the instant building.

Defendant KNB Co., Ltd. (hereinafter “Defendant KNB”) was entrusted with the affairs on solar power development by Defendant KNW, and was selected as a management and operation company of the instant facilities, and managed the instant facilities.

On May 15, 2017, the Plaintiff purchased the instant building in a voluntary auction procedure.

[Based on the facts without dispute, the judgment of the court below as to the ground for a claim for the determination of the overall purport of the statements, images, and pleadings set forth in Gap evidence Nos. 1 through 8 (including a branch number), and the ground for a claim for the determination of the overall purport of the arguments, the court below held that each of the facilities of this case is occupied by leasing the building of this case from the KAW's KAW Doz, and installing the facilities of this case. Defendant KAW was entrusted with the affairs of solar development by Defendant KAW's KAW's KAW as a management and operation company of the facilities of this case.

Therefore, barring special circumstances, the Defendants are obliged to remove the instant structure to the Plaintiff who exercises the right to claim the removal of disturbance based on the ownership of the instant building.

The instant facilities are installed by leasing the instant building from the KTA’s KW’s K&A’s K&A’s claim on the part of Defendant KW, and installing the instant facilities.

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