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(영문) 의정부지방법원 2020.08.27 2020가단3673
시설물철거 및 토지인도
Text

The defendants are not less than 2,545 square meters for the plaintiff, Namyang-si, Namyang-si:

(a)the annexed drawings No. 44, 45, 46, 47, 30, 31, 32, 33, 34, 34;

Reasons

1. Facts of recognition;

A. The instant land is originally owned by E 2/3 shares, and F 1/3 shares, in the Namyang-si located in a development restriction zone (hereinafter “instant land”).

B. The Defendants, on the ground of the instant land, newly built and owned each of the said parts of the instant land (hereinafter referred to as “each of the instant land parts”) by owning each of the said parts of the instant land (hereinafter referred to as “each of the instant land parts”) by newly installing a steel pipe pipe vinyl with the part of paragraph (1) of this Article, the main text of the instant land, the main text of the instant land, the main text of the instant land, and the place of work, 97.7 square meters, the main text of the instant land, the main text of the instant land, and the 97.7 square meters, and the 144.1 square meters, the main text of the instant land, the main text of the instant land, and the main text of the instant land (hereinafter referred to as “each of the instant land parts”).

C. On October 12, 2018, G head of Namyang-si issued a corrective order to reinstate E and F on the ground that each of the instant facilities was newly constructed on the instant land located within the development restriction zone without permission. As such, E and F demanded the Defendants to remove each of the instant facilities, but the Defendants did not remove it, the G head of Nam-si imposed KRW 1,717,30 on F on April 17, 2019 the charge for compelling the performance of the said corrective order, and F paid it on January 22, 2020.

On the other hand, the Plaintiff purchased 1/3 shares out of the instant land from F on November 20, 2019 and completed the registration of ownership transfer on December 18, 2019. F, on June 26, 2020, transferred the Plaintiff’s right to claim compensation for damages incurred by paying KRW 1,717,30 for compulsory performance imposed by the Defendants due to the Defendants’ construction of each of the instant facilities, and notified the Defendants thereof to the Defendants on June 29, 2020, and then the notification was sent to the Defendants around that time.

[Recognition] Facts without dispute, or described in Gap evidence Nos. 1 through 26 (including branch numbers, if any) and the purport of the whole pleadings

2. The plaintiff's request.

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