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(영문) 광주지방법원 2018.08.22 2016가단37254
건물철거 및 토지인도 등
Text

1. The Defendants are to the Plaintiff:

(a) remove each building listed in the annex 2 list;

(b) Of the land listed in the Appendix 1 List;

Reasons

1. The defendant B's main defense and its determination

A. The instant lawsuit by Defendant B is an unlawful lawsuit against the res judicata effect on the same lawsuit as the previous lawsuit filed by the Gwangju District Court 2014Kadan50192 (hereinafter “the previous lawsuit”) and the claim and factual relations are identical.

B. (1) The Plaintiff filed a lawsuit against the deceased K (the deceased on March 8, 1996, hereinafter “the deceased”) seeking removal of the building of this case and the transfer of the land (the Defendant’s indication was corrected as the Defendants of this case on the ground of the deceased’s death). Moreover, the previous litigation court affirmed the Plaintiff’s claim for the payment of rent on the premise that the Plaintiff had legal superficies against the Defendants. On November 12, 2015, the previous litigation court ordered the Defendants to pay rent on the premise that the Plaintiff had legal superficies (the full purport of the evidence Nos. 1 and 2). From June 13, 2012 to October 29, 2015, the date on which the pleading of the relevant lawsuit is concluded, the court ordered the Plaintiff to pay rent of KRW 300,00,000,000, within the scope of the Plaintiff’s claim for reimbursement of KRW 4,295,500,000.

The above judgment was finalized as it is.

See Meanwhile, the instant lawsuit is a lawsuit seeking the removal of the building owned by the Defendants, delivery of the Plaintiff’s land, and payment of unjust enrichment or damages for the period during which the Defendants occupied the Plaintiff’s land by exercising the Plaintiff’s right to claim removal of interference based on ownership

Therefore, the instant lawsuit cannot be seen as a lawsuit that conflict with the res judicata of the previous lawsuit.

Defendant B’s defense of this case is without merit and without merit.

2. Determination on removal and request for extradition of the Plaintiff

A. As to the facts of recognition (i.e., each land listed in the separate sheet No. 1 (hereinafter referred to as “instant land”); when each land is named, it is set by the sequence only; and the land other than the instant land is named only by the lot number).

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