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(영문) 의정부지방법원고양지원 2020.01.17 2018가단14598
토지인도등
Text

1. The Defendant indicated the attached sheet No. 1, 2, 3, 4, among each land of 1504m2 and 218m2, prior to D, Paju-si, Paju-si, to the Plaintiff.

Reasons

According to the overall purport of each statement and pleading on Gap evidence No. 1 (including a provisional number; hereinafter the same shall apply) and the judgment on the claim for extradition, the plaintiff completed the registration of ownership transfer on March 28, 2018 due to each transaction of 1,2,3,4,5,6,7,8, and 1 on the part of "A" connected with each of the facts of "A" and 490 square meters on the ground of "A" among each of the land in this case, and 1,2,3,3,4,4,44, and 1504 square meters on the land in order of each of "A" among the land in this case, it is recognized that the plaintiff installed a container or other facility on the ground of each of "1,2,3,4, and 18 square meters on the ground of each of the annexed sheet No. 1,490 square meters on the ground in each of the land in this case.

Therefore, barring special circumstances, the Defendant is obligated to remove and remove the sn beam beamline, containers and other facilities and deliver each of the instant land to the Plaintiff, barring special circumstances.

The defendant's right of retention defense and the plaintiff's claim for confirmation of existence of right of retention defense had been completed from June 2016 to construction of a new facility for older persons and children on each of the land of this case, but the contract price was not paid from the subcontractor E, etc., and the defendant has occupied each of the land of this case since the commencement of the above construction until now.

Therefore, the defendant has a lien on each of the land of this case with the claim for the above construction cost as the secured claim.

In a case where a contractor who has been awarded a contract for the construction of a new building installed on the land that is not an independent building under the social norms and the construction of a new building is suspended, the above fixtures are merely attached to the land and cannot exercise a lien on such fixtures. In addition, the claim for the construction cost incurred until the discontinuance of the construction is not generated on the land.

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