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(영문) 수원지방법원 2014.12.05 2014나22601
건물명도,가건물철거 및 토지인도
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. As to each of the instant lands, the registration of ownership transfer under the Plaintiff’s name was made on May 21, 1970 on each of the instant lands, and the registration of ownership transfer under the Plaintiff’s name was completed as of October 30, 201 on each of the instant buildings.

B. The Defendant, with the Plaintiff’s consent, occupies each of the instant land from around 200 and thereafter occupies the instant building after the construction of the instant building. On the instant land D without the Plaintiff’s consent, the Defendant constructed and occupies each of the instant building and multiple buildings on the instant land.

C. A copy of the complaint of this case containing the Plaintiff’s declaration of intent to terminate the Defendant’s loan for use of each of the instant land and buildings was delivered to the Defendant on May 27, 2013.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1-1-4, result of survey and appraisal conducted by the court of first instance, purport of whole pleadings

2. The assertion and judgment

A. The plaintiff asserted 1) The plaintiff owned each of the lands and buildings of this case. The plaintiff let the defendant occupy and use the above lands and buildings without any specific consideration, but the above loan is terminated as a duplicate of the complaint of this case. Thus, the defendant asserts that the defendant is obligated to deliver the above lands and buildings of this case to the plaintiff, and that the defendant is obligated to remove the buildings of this case and deliver the part of the land of this case constructed without permission on the land of this case. 2) The defendant occupies and uses each of the lands of this case under a lease agreement between the plaintiff and the plaintiff, and the building of this case is owned by the defendant which was originally acquired by the construction of the building of this case. Thus, the plaintiff is primarily the defendant's possession and use of the above lands of this case in accordance with the lease agreement between the plaintiff and the plaintiff, and the plaintiff is paid the plaintiff with the above building of 140 million won borrowed from the plaintiff on October 30, 201.

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