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(영문) 청주지방법원충주지원 2016.01.27 2015가단3009
점유회수 청구
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated in the attached Form No. A, B, C, D, and 3579 square meters of forest land B and 3579 square meters to the Plaintiff (Counterclaim Defendant).

Reasons

1. Fact-finding;

A. On February 1, 2013, the Plaintiff (Counterclaim Defendant; hereinafter only the Plaintiff) contracted the construction of civil engineering and reinforced soil retaining wall at KRW 70,000,000 for the construction cost, and completed construction work on the ground of 495.87 square meters in order to connect each point of “A” in the attached Form No. A, B, c, d, e, f, g, and A among the land of this case (hereinafter “instant land”) around March 2013, the construction work on the part of “A” in the attached Form No. 495.87 square meters and the attached Form No. 9, I, j, k, L, l, m, and h, connected in order to each point of “B” on the part of “B”, which was connected on the ground of 495.87 square meters in the middle of March 2013.

(A) The part of “A” and “B” on each of the above vessels is “the part of the instant land.”

On September 5, 2013, Cheongju District Court C Voluntary Auction (hereinafter “instant Auction”) started regarding the instant land.

In the instant auction procedure on September 26, 2013, the current status survey report prepared by the enforcement officer after investigating the site is stated that the non-party company, the owner, occupies the instant land.

C. On October 2, 2013, the Plaintiff installed a container at the d andh level of the entrance of the instant land from among the entrances indicating the attached drawing, and obstructed the entrance of the instant land. The Plaintiff installed a banner in the retaining wall and container, “of the exercise of the right of retention for civil works and the construction of reinforced retaining wall,” “of the exercise of the right of retention for the construction of reinforced retaining wall,” and reported the right of retention to the instant auction court as the right of preservation.

On April 13, 2015, Defendant Lessee (hereinafter “Defendant Lessee”) acquired the ownership of the instant land by winning a successful bid at the instant auction procedure, and around April 14, 2015, the Plaintiff installed a container installed by the Plaintiff and installed a steel door at the said entrance to control other persons’ entry.

[Ground of recognition] Facts without dispute, Gap 1 through 6, 9, 10 evidence, Eul 2 through 5 evidence (including branch numbers) and the purport of the whole pleadings

2. Determination on the main claim

A. As to the cause of the claim, the Plaintiff on October 2, 2013.

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