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(영문) 대구지방법원 2014.11.14 2014나10043
건물명도 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

The main lawsuit and counterclaim are also examined.

1. Basic facts

A. On December 16, 2007, the Plaintiff entered into a lease agreement between Defendant B and Defendant B on the terms that the Plaintiff leases the land listed in [Attachment List Nos. 1 and 2 (hereinafter “instant land”) to Defendant B (hereinafter “instant lease agreement”) with a rent of KRW 2.5 million per annum and a lease term of five years (hereinafter “instant lease agreement”), and transferred the instant land to Defendant B.

B. After the Plaintiff’s delivery of the instant land from the Plaintiff, Defendant B newly constructed a 133 square meters of a general steel structure and a single-story warehouse on the instant land (hereinafter “building part”) connected in sequence with each point of the items indicated in the annexed drawing Nos. 19, 18, 26, 25, 46, and 19 on the instant land. On March 24, 2011, Defendant B completed registration of the preservation of ownership on the part of the building.

C. In addition, Defendant B connected each point of the (B) section of the toilet No. 22, 23, 24, 27, and 22 attached drawing on the land of this case (hereinafter “building No. 15, 16, 17, 18, 19, 14, and 15 in sequence of the attached drawing No. 15, 16, 17, 18, 19, 14, and 15 on the land of this case (hereinafter “building No. 1”); (a) part No. 47m2 attached to the warehouse of this case (hereinafter “building No. 29, 30, 31, 32, and 29 on the land of this case; (d) the warehouse No. 81m2 (hereinafter “building No. 33,34, 36, 37, 38, 39, 39, 30, 32, 34, etc.).

In addition, among the instant land, the Defendants installed gravel in the portion (i) of 48 square meters in the ship connecting each point in order of 17, 20, 21, 22, 27, 24, 25, 26, 18, and 17 of the Appendix Nos. 1, 2, 45, 44, 43, 42, 41, 36, 34, 33, 32, 31, 30, 30, 29, 28, 21, 20, 17, 16, 15, 14, 13, and 17 of the Map Nos. 1, 2, 45, 43, 42, 41, 36, 34, 32, 32, 30, 30, 300

E. Meanwhile, on the other hand.

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