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(영문) 청주지방법원충주지원 2019.04.04 2018가합343
시설물철거 및 토지인도 등
Text

1. A list against Defendant B among the instant lawsuit

1. Smentor concrete packaging facilities which are contained in real estate; and

Reasons

1. In a civil suit, the purport of the claim should be specifically specified so that the content and scope of the claim can be clearly identified (see, e.g., Supreme Court Decisions 2007Da53785, Nov. 12, 2009; 201Da17090, Sept. 8, 2011). As such, a lawsuit, the purport of which is not specifically specified, ought to be dismissed in an unlawful manner.

ex officio, a list against Defendant B among the instant lawsuit

1. An annexed list against Defendant C, D, E, F, G, H, I, and J regarding the removal of the mentor's and concrete package facilities packed on real estate;

2. As to the legitimacy of the part seeking the removal of the mentmentor concrete packaging facilities contained in the real estate package, it cannot be clearly known whether the Defendants should remove any form of facilities installed in any part of the above real estate solely on the basis of the purport of the above claim.

Accordingly, where a judgment is rendered in accordance with the above purport of the claim, the order of the judgment results in the result that it is impossible to enforce it as an executive body because it does not meet the specific nature of the judgment.

Therefore, the separate list against Defendant B among the instant lawsuit

1. An annexed list against Defendant C, D, E, F, G, H, I, and J regarding the removal of the mentor's and concrete package facilities packed on real estate;

2. The part seeking the removal of mentmen and concrete packaging facilities, which are contained in real estate, is unlawful, as the purport of the claim is not specified.

2. The cited part

A. The Plaintiff’s display of the claim does not exceed 655 square meters prior to K in Chungcheongnam-si, Chungcheongnam-si.

1. In the case of this case, the land is 660 square meters prior to L in the Chungcheongnam-si (hereinafter “instant land”);

2. The owner of each of the above lands purchased through voluntary auction procedure for the Cheongju District Court, Chungcheong District Court, Cheongju Branch Branch, Ma, and Defendant B is the owner of the above lands.

1. The possessor of land and the remaining defendants of this case

2. It is an occupant of land.

Therefore, the Plaintiff, Defendant B, and the instant case

1. Land, and the remaining Defendants:

2. There is a duty to deliver each land;

(b).

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