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(영문) 전주지방법원정읍지원 2017.11.21 2016가단4646
퇴거 등 청구
Text

1. The Plaintiff:

A. Defendant A, among the size of 690 square meters in one Eup-Eup-Myeon, indicated in the attached sheet No. 9, 5, 14, 15, 13, 10, 9 respectively.

Reasons

1. Facts of recognition;

A. On March 7, 2012, the Plaintiff purchased D large scale 690 square meters (hereinafter “instant land”) in order to obtain ownership during the voluntary auction procedure for the Jeonju District Court Support E for Jung-Eup branch.

B. From November 16, 2010 to the date, the Intervenor’s Intervenor owned a land and a building on its ground (hereinafter “instant building”). The Defendant’s Intervenor’s Intervenor’s instant building, which connected the Plaintiff’s instant land, is going against the part (a) in which the instant building connects each point of the Plaintiff’s land indicated in the attached Table Nos. 9, 5, 14, 15, 13, 10, 10, and 9 (hereinafter “the instant part of the instant part of the land”).

C. The Defendant Intervenor leased the first floor of the instant building to Defendant A, and the third floor of the instant building to Defendant B, and the Defendant A installed outdoor equipment, ventilation equipment, and propane gas in the instant bed part.

The Plaintiff filed a lawsuit against the Intervenor joining the Defendant against this Court No. 2014Kadan7351, and this Court rendered a judgment on February 16, 2016 that “The Intervenor joining the Defendant removed the building of concrete concrete structure on the ground of the instant intrusion and delivered the part of the instant bed.”

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including branch numbers), and the purport of the whole pleadings

2. Determination

A. According to the above facts, barring special circumstances, such as that the Defendants has a legitimate right to possess the affected part of this case, the Defendants are obligated to leave the affected part of this case’s concrete framework building out of the concrete building on the ground, and Defendant A is obliged to take out the outdoor, exchange wind, and protruding gas installed in the ground part of the affected part of this case’s concrete building.

B. As to this, the Defendants and the Intervenor joining the Defendant, on the other hand, occupy the part of the Defendant’s intrusion, while the part of the intrusion in the Plaintiff’s land.

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