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(영문) 수원지방법원성남지원 2017.06.27 2017가합402702
건물등철거
Text

1. Defendant B:

A. Of the area of 1,750 square meters prior to the Gyeonggi-si, each point of the attached Table 14, 5, 6, 7, and 4 is indicated in the attached Table 1.

Reasons

1. Basic facts

A. On June 9, 2014, the Plaintiff acquired ownership by inheritance from his mother G with respect to 2370 square meters prior to G in Gwangju-si, Gwangju-si.

Since then, the said land was divided into 1750 square meters and 620 square meters prior to D on May 2, 2016, and 620 square meters prior to F, which was divided into 280 square meters prior to F on July 25, 2016 and 340 square meters prior to E.

At present, the land owned by the Plaintiff is 1750 square meters prior to the foregoing D, 280 square meters prior to F, and 340 square meters prior to E (hereinafter “instant 1 or 3 land”).

B. On May 23, 2007, Defendant B agreed to remove the facilities above each of the instant land and restore each of the instant land to its original state when G wishes to enter into a loan agreement for use with a net G on each of the instant land (hereinafter “instant loan agreement”).

Defendant B after the date of closing the argument in this case, ① Disposition 1 of this case’s land on the ground of this case.

The warehouse, chickens, housing, pents, and pents as described in the port, <2> containers are owned by the container on the land of this case and the land of this case and the land of this case on the ground of the land of this case, <3> Gabs, pents, and pents on the ground of this case on the land of this case (hereinafter referred to as “instant building, etc.”).

Defendant C resides in a house, container, or container on the ground of each of the instant land, and occupies a warehouse and a chill.

C. On March 28, 2016, Defendant B, the heir of the deceased G, terminated the instant loan agreement by the end of April 2016, and agreed to remove the instant building, etc. and deliver each of the instant land by April 30, 2016.

As the Defendant failed to comply with the above time limit, the Plaintiff and Defendant B agreed again to remove the instant building by May 30, 2016 and deliver each of the instant land to Defendant B by May 30, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 5 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. The cause of the action.

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