logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.11.22 2018나202867
가건물철거 및 토지인도
Text

1. At the request of the plaintiff who changed a exchange from the trial, the defendant is among 5,150 square meters of land B in Gyeyang-gu, Gyeyang-gu.

Reasons

1. Determination on the cause of the claim

A. 1) On December 18, 2012, the Defendant: (a) is deemed to be the land of this case, which is 5,150 square meters of land B in Gyeyang-gu, Gyeyang-gu; and (b) the Defendant is deemed to be the land of this case.

)의 소유권을 취득하였다. 2) D 또는 C은 이 사건 토지 중 별지 도면 표시 19, 20, 21, 22, 19의 각 점을 순차로 연결한 선내 ㈃부분 토지 15㎡ 지상에 컨테이너(이하 ‘이 사건 가건물’이라고 한다)를 설치하였고, 피고는 이 사건 가건물에 피고의 짐과 간판 등을 가져다놓았다.

3) On August 25, 2016, the Plaintiff acquired the ownership of the instant land through a voluntary auction procedure. On February 23, 2017, enforcement officers visited the site to enforce an order for delivery of the instant land (Seoul District Court Decision 2017No. 2017No. 606). At the time, the Defendant’s documents were found in the instant building, and the Defendant’s representative stated to the effect that “The instant building was occupied only by the Defendant, as well as D and C lien holders.” Moreover, on April 16, 2017, the Plaintiff was subject to the provisional disposition for the prohibition of transfer of possession of the instant building to the Defendant (Seoul District Court Decision 2017Kadan485) and the enforcement officer still visited the Defendant’s building to the effect that “The instant building was occupied by the Defendant on May 16, 2017.”

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1, 6, 7, 11 through 14 (including paper numbers) and the purport of the whole pleadings

B. According to the above facts of recognition, D or C owns the instant building on the ground of the instant land, and the Defendant possesses the instant building solely or jointly with D or C, thereby exercising the Plaintiff’s right to the instant land.

arrow