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(영문) 울산지방법원 2016.10.12 2015가단26022
토지인도 등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On September 201, the Plaintiff’s assertion and the designated parties demanded the Plaintiff to use the instant land owned by the Plaintiff until the time of constructing a new building on the land of Ulsan-gu F, Ulsan-gu, Seoul-gu, Seoul-do.

Accordingly, the Plaintiff permitted the use of the instant land under the condition that the Defendant and the designated parties restore the original state.

As the Defendant and the designated parties completed the building on the F land, they should remove the fences, fences, etc. installed on the instant land and deliver the instant land to the Plaintiff, and have the obligation to pay the user fee for the instant land from October 1, 2011, commencing the construction work to the completion date of delivery of the instant land.

The Defendant and the designated parties were obligated to pay KRW 2.5 million for the installation of the wall, inasmuch as they did not comply with the agreement, even though the Plaintiff removed the wall installed for the purpose of boundary marking, and agreed to be the cycle of restoration to the original state.

2. The evidence Nos. 1, 2, and 3 alone is insufficient to recognize that the Defendant and the designated parties occupy the instant land after removing the fence installed by the Plaintiff on the instant land for construction work and installing a fence, etc. again.

Rather, according to the results of the survey and appraisal by evidence Nos. 2 and 3 and appraiser G, the Defendant and Selected C can recognize that they installed fences on their own land as the owner of the land and building in Ulsan-gu, Ulsan-gu.

Therefore, the plaintiff's assertion is not accepted.

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