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(영문) 광주지방법원순천지원 2015.04.23 2013가합2895
토지인도 등
Text

1. Defendant C:

(a) Indication of each real estate stated in the separate sheet and the separate sheet (3) and (4).

Reasons

1. The plaintiffs' assertion

A. On July 13, 2012, the Plaintiffs entered into a construction contract with Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on the construction of the database of the size of the first and third floors above the ground level (hereinafter “instant construction contract”) by using the building (hereinafter “instant building”) indicated in the attached Table No. 2 (hereinafter “instant building”) that had already been installed on the said land and remove the DNA building and only the underground floors remains (hereinafter “instant building”).

After that, the Plaintiffs terminated the construction contract on October 15, 2012 by deeming that the Defendant Company had no capacity and intent to undertake the construction work.

B. However, on October 20, 2012, Defendant C, the agent of the Defendant Company, was unlawfully invadedd at the construction site of the instant case, and obstructed the construction work of the current comprehensive construction company at the time of entering the instant construction site on November 16, 2012.

In addition, on November 30, 2012, the Defendant Company destroyed the corrective device at the construction site of this case, mobilized strawers, etc., and illegally occupied the construction site on March 23, 2013 after the possession was lost.

C. As above, the Defendants currently illegally occupied the instant land and buildings, and installed 2 containers with a size of 1, 2, 3, and 6,000 in length (hereinafter “instant containers”) to block the entrance of the instant construction site by installing them, and indicated 3, and 4, of the same size as that of the Plaintiffs (hereinafter “instant 3, 4,”) without permission.

Therefore, the Defendants are obligated to deliver the instant land and buildings, and the instant buildings, and the instant containers to the Plaintiffs, and to remove the instant ①, and ② containers.

2. Determination

A. Defendant C’s claim is determined.

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