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(영문) 청주지방법원 충주지원 2017.01.11 2016가단5149
퇴거청구
Text

1. The defendant shall leave the building indicated in the attached list to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

Comprehensively taking account of the respective descriptions and arguments in the evidence Nos. 1 through 6, the Plaintiff filed a lawsuit against D on June 29, 2016 for removal of a building on the ground that the lease contract for the instant land was concluded with the Plaintiff and the registration of preservation of ownership was completed on November 6, 2012; the Plaintiff filed a lawsuit against D on the ground that the lease contract for the instant land between D and C was terminated; the said court rendered a favorable judgment against the Plaintiff on June 29, 2016; D filed an appeal with the Cheongju District Court 2016Na2490; and D was currently pending in the trial; and the fact that the execution of the instant building was delegated to the enforcement officer, which was a provisional execution officer, pursuant to the judgment of the first instance court.

According to the above facts, the plaintiff, the owner of the land of this case, can seek the eviction from the building of this case against the defendant, the possessor of the building of this case.

As to this, the defendant alleged that he had a claim for wages in arrears against D and possessed the building of this case to be paid the above amount, but this cannot be a legitimate possessory right holder of the building of this case. Thus, the defendant's above assertion is without merit.

If so, the plaintiff's claim is reasonable and acceptable.

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