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(영문) 창원지방법원 2016.01.06 2015나34073
유치권부존재확인 등 청구의 소
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiffs paid the proceeds of sale on April 9, 2014 at the compulsory auction procedure with the Changwon District Court Masan District Court Masan District Court Masan District Court Masan District Court 2010, 367m2, E 1,239m2, F field 2,54m2, H field 109m2, G field 109m2, and G field 584m2 (hereinafter referred to as the “the above land”), which had been owned by I, and the Plaintiff acquired ownership as to the share of 2/3 of each of the above land, and Plaintiff B acquired ownership as to the share of 1/3.

B. On May 22, 2008, the Defendant leased the land of D, E, F, and G from I, and the land of Changwon-si, Changwon-si, Changwon-si, the I owned, the 436m2m2, L forest and 2,182m2m2 (hereinafter referred to as the “land”), and installed facilities, such as plastic greenhouse, etc., by leasing them.

C. The facilities installed by the Defendant (hereinafter “instant facilities”) and the part of the land in which the instant facilities occupy are located are as follows.

(1) In the order of 1,2, 3, 4, and 11 of the attached Form 1, 2, 2, 4, and 1 among the land in D, the part “A” connected in the order of each point of 5 square meters in a container warehouse and 5, 6, 7, 8, and 5 of the same drawing, and the part “B” in the order of 70 square meters in a vinyl house and 9, 10, 11, 12, and 9 of the same drawing, each point of 17 square meters and 17 square meters in the order of 11, 12, 13, 14, 11, among the land in Annex D, the part “A” connected in the order of 13 square meters in a house, 15, 16, 17, 18, 19, 20, and 15 of the same drawing, the part “A” connected in the order of 332 square meters in a vinyl, 233333 square meters, 217, 215 square meters and 27.

(d) As of April 1, 2014, the standard reappointment fees for lands D, E, F, and G are 167,770 won, 56,400 won, 1,043,450 won, and 244.

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