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(영문) 의정부지방법원 2015.05.12 2014가단20868
건물철거 및 토지인도
Text

1. The defendant has each point in the attached Form 7, 8, 9, 10, 11, 19, 19, and 7 among the land size of 1647 square meters in the city of Jung-gu, the Government.

Reasons

1. Facts of recognition;

A. D, from July 1998 to July 30, 200, occupied and used part of C’s land 16467 square meters, which is the river site, and paid KRW 1,183,580 to the indemnity for the possession for the past five years from June 30, 2003, and from the Si of Gu Government, from the Si of Gu Government, it obtained permission to occupy and use a small river with regard to the portion of the said land as indicated in the separate sheet No. 12, 13, 14, 15, 16, 16, 17, 18, 8, 7, 19, 11, and 12 in sequence connected each point of the said section of the said land to the land site for the purpose of occupation and use, and from June 30, 203 to December 31, 2007.

B. When the Plaintiff acquired all of the above right to occupy and use and the facilities on the ground from D, the Plaintiff obtained permission from the Government of the Gu on January 30, 2007 for the succession of the above right to occupy and use. On December 21, 2012, the period of occupation and use of the instant land again was obtained from January 1, 2013 to December 31, 2017 (hereinafter “instant occupancy and use permission”). From around 2007, the Plaintiff paid user fees annually to the Government of the Republic of Korea from January 207.

C. From any time to time, the Defendant installed and occupied containers and other facilities at the adjacent point to the instant land, and occupied them, at the same time, the Defendant occupied and used the portion “1” and “(A)” and “(a)” portion in the attached Form No. 11, 10, 9, 8, 7, 6, 5, 4, 3, 2, 111 in sequence, and installed facilities, such as containers, in the part “(a)” and “(a)” portion.

[Ground of recognition] A without any dispute, entry and video of Gap evidence 1 through 11, Gap evidence 13, and 14, and the result of the survey, appraisal and supplementary appraisal commissioned to the Vice-Governor of the Korea Cadastral Survey Corporation, the purport of the whole pleadings

2. Determination

A. According to the facts of recognition of the obligation to remove the facilities and deliver the land, the defendant shall occupy and use the attached Form "(a)" portion of the plaintiff's right to occupancy and use without permission, in violation of the right to occupy and use.

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