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(영문) 의정부지방법원 2017.11.17 2017가합50812
공작물철거
Text

1. The defendant is on the attached sheet 1 attached hereto, which is installed on the B large-scale B 763 square meters and C large-scale 215 square meters above the plaintiff in Yangju-si.

Reasons

1. Basic facts

A. The Plaintiff is a company that operates the play park called “D” (hereinafter “the play park of this case”), and the Defendant is a company that establishes a structure listed in the attached Table 2, which falls under the No. 1 No. 2 No. 2000, No. 300,000,000 on the ground of the above land (hereinafter “the instant bar park”), No. 10,000,000,000,000,0000,000,000,0000,000,000,000,000,000

B. On June 2010, the Plaintiff and the Defendant established the instant play equipment in the instant resort park, and the Plaintiff agreed to distribute operating profits to the Defendant (hereinafter “instant agreement”).

A) Around that time, the Defendant established the instant play equipment. C. The instant play equipment is currently in the state of suspending its operation. [Grounds for recognition] The fact that there is no dispute, the evidence Nos. 2, 5, and 7 (which has a serial number) and the purport of the entire pleadings, including various numbers, and images, and the purport of the entire pleadings.

2. Determination as to the cause of action

A. The Plaintiff’s assertion of the instant play equipment is worn out and repeated, and thus, it cannot be operated for the safety of passengers.

Therefore, since the Plaintiff terminated the instant agreement on the grounds of change of circumstances, the Defendant is obligated to remove the instant play equipment and deliver the site as the site to the Plaintiff.

B. Determination of Gap evidence Nos. 5-1 through 5, Gap evidence Nos. 6 and 8, and the fact-finding results with respect to the two main markets of this court, i.e., the following circumstances acknowledged by adding the entire purport of the arguments, namely, ① the Korea Institute of Machinery and Electronic Testing, which was subject to a conformity assessment with respect to the instant play equipment at the regular inspection of April 1, 2016, but the opinion that "it is necessary to improve because it is necessary to reinforce that the instant play equipment is a safety frame," and that "the instant doping is the first side of the body."

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