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(영문) 수원지방법원안산지원 2014.06.03 2013가단16602
건물명도,가건물철거 및 토지인도
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) The sand position of the CJ 315 square meters above the CJ 315 square meters above the land in Silung-si.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is each owner of the land of the CJ 315 square meters and the land above the land of the CJ 315 square meters and the building of 186.60 square meters on each floor of the 1st floor of the BJ Shellal roof Housing (hereinafter “instant land and building”), and the land of 4,897 square meters prior to D (hereinafter “D land”).

B. The Defendant, with the Plaintiff’s consent, occupies the instant land and building from around 200, and, without the Plaintiff’s consent, occupied the instant land and building. The Defendant occupied the instant land in sequence of 1,2,3,4, and 65.98 square meters in a plastic pipe structure, which connects each point of 1,3,4, and 1 each point of 65.98 square meters in the attached drawing (hereinafter “instant operating building”) and 5,6,7,8, and5 square meters in sequence connected each point of 5,00 square meters in a wooden pole, light pipe structure l3.01 square meters in a 13.01 square meters-dong, 10,11,12, and 9 (hereinafter “instant B-dong building”), and occupied the instant land in the aggregate of the instant building sites by occupying the instant building in the line of order with each point of 9,10, 11, 12, and 9.57 square meters in a wooden pole structure.

C. The Plaintiff expressed his/her intent to terminate the Defendant’s loan for use of land and building owned by the Plaintiff upon the service of the duplicate of the instant complaint to the Defendant, and the duplicate of the instant complaint reached the Defendant on May 27, 2013.

[Ground of recognition] Unsatisfy, Gap evidence 1-1-4, the result of the survey and appraisal by this court, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the principal claim, the Defendant is obligated to deliver the Plaintiff the instant land and building owned by the Plaintiff, and the instant land A, B, C, and C, which the Defendant constructed without permission on the instant land owned by the Plaintiff, are obligated to remove and deliver the land.

B. The Defendant’s judgment on the Defendant’s defense and counterclaim claim is the use of the instant land C and D’s land owned by the Plaintiff.

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