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(영문) 창원지방법원 2017.09.22 2016가단119352
토지인도등
Text

1. The Defendant indicated in the attached Form No. 1, 2, 3, 4, 5, 6, 1 among the land size of 78-3 large 3,062.1 square meters in Seowon-gu, Changwon-gu, Changwon-si, Seowon-si, Busan, and the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an unincorporated association established pursuant to the Act on the Ownership and Management of Aggregate Buildings with respect to the business facilities of 15th floor underground in reinforced concrete structure (officetel Nos. 1 and 2 neighborhood living facilities; hereinafter “Mabox Officetel”) of 78-3 (the center of 104 in Sung-gu, Seongbuk-gu, Sungwon-si, Sungwon-si, Sungwon-si).

B. On December 2013, the Defendant is a corporation operating a restaurant by leasing two and three floors among the Class 1 and Class 2 neighborhood living facilities (hereinafter “Libera Commercial Building”) in Sungwon-si, Changwon-si, Sungwon-dong, 78-4 (100,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000).

C. The Defendant: (a) installed the air discharge implements around 2015, the board of teams around 2016, and occupied and used the said land on the ship, which connects each point of the attached Table 1, 2, 3, 4, 5, 6, 7, and 1 square meters in order among the land size of the 78-3 large 3,062.1 square meters in Seongbuk-gu, Changwon-gu, Changwon-dong, Sungwon-gu, Seoul; (b) installed the air discharge exit around 2015, and the said land.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 5, 10 and 13, and the purport of the whole pleadings

2. Assertion and determination

A. According to the above facts of the judgment on the cause of the claim, since the defendant occupies and uses the land of this case managed by the plaintiff without legal title, the defendant is obligated to remove all structures such as air discharge equipment and the board of teams, etc. on the land of this case and deliver the land to the plaintiff.

B. On July 2015, 2015, the Defendant’s assertion 1 as to the Defendant’s assertion: (a) around 2015, the Plaintiff completed the landscaping located in the boundary of land at the responsibility of Liber; (b) paid a significant portion of the cost of toilet construction works in Mibery; and (c) is the school library, the lessee of Mibery Office.

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