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(영문) 춘천지방법원 원주지원 2018.05.01 2017가단38258
건물퇴거청구의 소
Text

1. The defendant shall set up the plaintiff a 660m2 above ground 10m2 for the religious land of Gangseo-gun, Gangwon-do, Seoul, and the Busan Gogle roof.

Reasons

Judgment on the Grounds of Claim

A. According to the statement and the purport of evidence Nos. 1 through 5, the Plaintiff owned 1/2 shares among 660 square meters of the Gangwon-do Crossing-gun C Religious Site (hereinafter “instant land”), and Diplomatic Association (hereinafter “Diplomatic Association”) owns the instant land on the ground of the instant land, 98.28 square meters (hereinafter “the instant building”), and in the case No. 2016Gadan32543, Chuncheon District Court 2016Da32543, “D church remove the instant building to the Plaintiff and deliver the instant land,” it may be acknowledged that the Defendant possessed the instant building as of the date of closing the argument, respectively.

B. Therefore, barring special circumstances, the Defendant is obligated to leave the instant building to the Plaintiff.

Judgment on the defendant's argument

A. Although the defendant alleged that Diplomatic Association and the defendant have the right to occupy the land of this case, there is no evidence to acknowledge this, the defendant's allegation in this part is without merit.

B. Although the defendant alleged that he exercised the right to purchase the building of this case against the plaintiff, there is no evidence to prove that the defendant has the right to purchase the building of this case, the defendant's assertion on this part is without merit.

Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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