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(영문) 의정부지방법원 고양지원 2018.07.13 2017가합73467
건물명도(인도)
Text

1. The plaintiff (Counterclaim defendant)'s primary and conjunctive claims against the plaintiff (Counterclaim defendant) A, B, and C are all dismissed.

2...

Reasons

1. Basic facts

A. The relationship between the parties 1) Plaintiff (Counterclaim Defendant, hereinafter “Plaintiff”)

) A school (hereinafter referred to as “Plaintiff school”)

[Attachment 1] Each land listed in paragraphs (a) and (2) of Annex 1’s Schedule of Real Estate (hereinafter “instant school site”).

2) According to the attached Table 1-B of the Real Estate List on the ground (hereinafter “school building of this case”), the “school building of this case” refers to the “school real estate of this case” in combination with the above land.

2) The articles of incorporation of an organization operating an alternative school without authorization from the first middle and middle school curriculum (hereinafter referred to as “Plaintiff’s school articles of incorporation”).

The main contents of the Plaintiff’s articles of incorporation are as shown in Annex A. The Plaintiff’s name is the president of the Plaintiff’s school, who is the nominal owner of the instant school site. Plaintiff C (A separately from the Plaintiff’s wife) is the nominal owner of the instant school site. The Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) D (Separate Name: hereinafter “Defendant”) was appointed as the joint school principal of the Plaintiff’s school on August 30, 2015 as well as U (Separate Name: V) on August 30, 2015. Defendant E, G, H, I, and J (hereinafter “Defendant parents”) is the parents of students who were enrolled or enrolled in the Plaintiff’s school, and Defendant F, K, L, M, N (hereinafter “Defendant teachers”) is a current or former teacher of the Plaintiff’s school.

At present, 20 students are attending the above schools.

B. On or around March 2002, part of the parents and teachers of X schools, an alternative school opened in W, Goyang-si, X schools around August 2003, opened a Y school, an elementary school course, after separating from X schools on or around August 5, 2003, and on July 5, 2003, as the school site, PA and AB land (hereinafter “AC land”).

(2) On January 17, 2005, the Y school completed the registration of ownership transfer under the Plaintiff B’s name with the largest property contributed to the establishment of the Y school, and completed the construction of a school building on the above land, and made the registration of ownership transfer in U’s name, which was the principal of the Y school. 2) 5 and 6th.

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