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(영문) 의정부지방법원 고양지원 2018.06.20 2017가단79147
건물철거 및 토지인도 청구의 소
Text

1. The plaintiff's claim against the primary defendant is dismissed.

2. Preliminary Defendants are listed in the separate sheet in the Plaintiff.

Reasons

1. Judgment on the claim against the primary defendant

A. The Plaintiff’s assertion is the owner who completed the registration of ownership transfer concerning the instant land.

However, the primary defendant occupied the land of this case owned by the plaintiff without any legal ground and constructed the building of this case on its ground and uses it.

Therefore, the primary defendant is obligated to remove the building of this case and deliver the land of this case to the plaintiff.

B. The evidence of the Plaintiff’s submission alone is insufficient to acknowledge the Plaintiff’s assertion that the primary Defendant occupied the instant land and used the instant building on the ground, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim against the primary defendant is without merit.

2. Determination as to the claim against the conjunctive Defendants

A. The conjunctive Defendants, without any legal ground, occupied the instant land owned by the Plaintiff and used the instant building on that ground. Therefore, the conjunctive Defendants are obligated to remove the instant building and deliver the instant land to the Plaintiff.

Judgment on deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act)

3. In conclusion, the plaintiff's claim against the primary defendant is without merit, and the claim against the primary defendant is with merit and it is so decided as per Disposition.

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