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(영문) 춘천지방법원 강릉지원 2018.09.04 2017가단2799
건물명도 등
Text

1. The Plaintiff:

A. Defendant C Co., Ltd.: (a) indicated in the attached Form No. 1, 2, 3, 4, and 1 among the 2,706 square meters of forest land in Gangnam-si.

Reasons

1. Facts of recognition;

A. On January 14, 2008, Defendant C Co., Ltd (hereinafter “Defendant C”) acquired 3,306 shares of 27,610 square meters of Gangseo-si G forest land 2,706 square meters (hereinafter “instant forest”), but sold the said shares to H on September 27, 2010, and completed the registration of transfer on October 29, 2010.

B. On March 24, 2015, the voluntary auction was commenced as to the entire forest of this case to Chuncheon District Court I, and the Plaintiff purchased the forest of this case at the auction procedure on August 26, 2015 and acquired ownership.

C. Defendant 1 Company: (a) installed a wooden building warehouse on the 7m2 in the instant forest, which connects each point of “A” in the part of “A” on the 8m2 of the annexed drawings, among the forest land in this case; and (b) installed a wooden building warehouse on the 10m2 in the instant forest, which connects each point of “B” on the 7m2 in sequence of the annexed drawings; and (c) installed a wooden building warehouse on the 3m2 in the instant forest, which connects each point of “B” on the 7m2 of the annexed drawings; and (d) used the office of Defendant D Co., Ltd. (hereinafter “Defendant 2”) and Defendant E Co., Ltd. (hereinafter “Defendant 3”) as the above office.

From August 26, 2015 to June 29, 2018, the amount equivalent to the rent of 212.5 square meters out of the instant forest, which the Plaintiff acquired the ownership of the instant forest, is KRW 3,111,300, and the amount equivalent to the monthly rent as of June 29, 2018 is KRW 95,090.

【Ground for Recognition: Each entry in Gap evidence Nos. 1 and 2, appraiser J, and K's each appraisal result, the purport of the whole pleadings]

2. According to the allegations and the above facts of finding, the Plaintiff may claim the removal and return of disturbance against the Defendants based on the ownership of the forest of this case, unless there is any assertion as to the Defendants’ legitimate right to possess the forest of this case. Article 214 of the Civil Act is applicable.

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