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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. The gist of the Plaintiff’s assertion 1) The Plaintiff’s consent to use part of the land ownership in around 2004, and obtained the consent to use it as part of the land ownership (hereinafter “instant land”). The Plaintiff’s land of the said three lots is 521m2, D, 260m2, E, and 605m2 (hereinafter “instant land”).
3) On the ground, the 3rd and related facilities on the ground (hereinafter “instant facilities”).
A) Around 2011, the Defendant acquired the instant facilities from F without any right to the instant facilities, and replaced the facilities installed by the Plaintiff. Therefore, the Defendant, the owner of the instant facilities, is obligated to remove each of the facilities indicated in the separate sheet installed by the Defendant, and deliver the instant facilities to the Plaintiff. (2) Since the Defendant entered into a contract with the Plaintiff to acquire the right to the instant facilities, etc. including the instant facilities, around 201, and rescinded the said contract, the Defendant could not acquire the ownership of the instant facilities based on the said contract.
B. On March 1, 2011, the Defendant concluded a contract with the Plaintiff to acquire business rights and facilities related to camping grounds including the instant facilities, but the instant facilities were owned by F. The Defendant purchased the instant facilities again from F on June 23, 201.
2. Although the Plaintiff sought to remove the instant facilities installed by the Defendant on the premise that the instant facilities are owned by the Plaintiff and deliver them to the instant facilities on the premise that they are owned by the Plaintiff, in light of the following facts and circumstances, which are acknowledged by comprehensively considering the overall purport of the pleadings in the written evidence Nos. 2 through 5, No. 7, No. 8, No. 10, No. 10, No. 10, No. 7, and No. 8, the evidence submitted by the Plaintiff is insufficient to acknowledge the fact that the Plaintiff is the owner of the instant facilities, or that the Defendant has the right to seek to remove the facilities installed by the Defendant, and to seek to deliver the instant facilities.
The plaintiff.