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(영문) 제주지방법원 2015.04.14 2013가단20341
건물명도
Text

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

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

Reasons

1. Basic facts

A. On December 7, 1993, Seopo-si, Seopo-si, Cmiscellaneous land 19315 square meters (hereinafter “instant land”) was succeeded to Jeju-do on July 1, 2006, which was the enforcement date of the former Act pursuant to Article 4(2) of the Addenda of the former Special Act on the Jeju-do Administrative System, etc. (amended by Act No. 7847, Jan. 11, 2006); and Article 4(2) of the Addenda of the former Act (the office affairs and property of the Si/Gun abolished at the enforcement date of this Act shall be succeeded to Jeju-do).

B. In order to use the instant land as a D market, the Seogpo City had newly built several stores and collected user fees from merchants. The information map installed at the entrance of the said market has changed the number 15-15 and 15-3 of the permitted store number. The Defendant also obtained permission for the use of the number 15-15 and 7.7 square meters from the said market from September 1997 to July 2009 to the number 15-15 of the store number among the above market. The fact was that the Plaintiff obtained the permission for the use of the number 15-3 square meters from the location corresponding to 15-3 of the permitted store number 15-1, 2, 5, 7, 8, 9, 10, 2, 15-15 and 15-15 of the size of the store and 2, 30-15 square meters from the date of the use permission number 15-15 and 15-15 of the size of the store.

C. The Plaintiff’s spouse F obtained permission to use 15-8 of the store number 15-3 (the above guidance map No. 15-15) adjacent to the permitted store number 15-3 (the above guidance map No. 15-15) up to now

In 209, the Plaintiff asserted that the Defendant infringed the Plaintiff’s store use permit area.

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