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(영문) 의정부지방법원 2017.11.28 2014가단41346
건물철거 등
Text

1. The Defendant (Counterclaim Plaintiff) B and C shall be from 6,207,355 won to 6,207,355 won from the Plaintiff (Counterclaim Defendant) to 45 square meters in Namyang-si, Nam-si.

Reasons

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. Facts of recognition;

A. The Plaintiff is the owner of G, Seoyang-si, G, E, E, 45 square meters, F 220 square meters (hereinafter “instant G, E, and F land”). Defendant B, and C (hereinafter “Defendant B, etc.”) are married couple with the instant case’s E and F land 157 square meters, indicating the Plaintiff’s appraisal of the instant E and F land 157 square meters, and the portion of the instant E’s land 6 square meters in a portable toilet building indicating the degree of appraisal on the instant land 15 square meters; the portion of the instant G land 152 square meters in a plastic house indicating the degree of appraisal on the instant land 10,11,12,13, 14, 25, 26, 27, 28, and 100 square meters in sequence.

of each of the above lands shall be established and possessed.

B. On October 14, 201, the Plaintiff’s husband H is “the loan certificate, etc. of this case” under the title “a loan certificate and receipt” between Defendant C and the following.

hereinafter referred to as "the lease contract of this case" after preparing the lease contract.

(1) The interest will be substituted by the use of IB land. The amount set forth above will be 10 million won per loan from Defendant C. (Provided, That the interest will substitute for the use of IB land.

The scope of use shall be the public use of the access road and the place used by J. The access road shall be the scope of use. Ha [the fact that there is no dispute over the basis of recognition, the entry or video of Gap's 3 through 5-4, Eul's 1 and 3, and the result of the request for measurement and appraisal of the South and North Korean Land Information Corporation in this Court, the purport of the entire pleadings, as a result of the request for measurement and appraisal of the South and North Korean Land Information Corporation in South and North Korea.

2. Determination as to the claim on the principal lawsuit

A. The Plaintiff’s assertion 1) On October 14, 201, the Plaintiff limited the object and purpose of use of the instant G, M, and N land to a parking lot between the Defendants on October 14, 201, thereby receiving advance payment of KRW 50,00,00 as a deposit for lease (hereinafter “instant lease deposit”) and KRW 60,000 as a deposit for lease, and KRW 60,000 as a monthly rent for one year.

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