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(영문) 인천지방법원부천지원 2019.02.13 2018가단113258
제3자이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The land in this case is owned by Defendant B Co., Ltd. at the ratio of 3/8 shares, 2/8 shares by Defendant C and D, and 1/8 shares by the F.

B. F installed and used a temporary building (containers, 40, 21, 22, 37, and 38 on the line, which connects each point of which is indicated in the separate sheet No. 37, 41, 43, 42, 39, 38, and 37 on the line, and on the line, which connects each point of which is indicated in the separate sheet No. 2 drawing No. 37, 41, 43, 42, 39, 38, and 37 on the land of this case (the part installed on the ground

This was leased to E, and E was stored with a steel fence connected to each point of the attached Form 2, No. 16, 17, 18, 41, 43, 19, 20, 40, 40, 39, 38, 37, and 41.

C. On October 6, 2016, Defendant B filed a lawsuit against F and E for a claim for the delivery of land against F and E, and received a judgment from the Incheon District Court Branch of the Incheon District Court on October 6, 2016 that “F and E shall deliver the part of the attached drawing out of the land in this case to Defendant B Co., Ltd., and shall take the instant building, mooring facilities, and scrap iron, installed on the ground in the first drawing (2016Gadan106195). The judgment was finalized on July 4, 2017 by the appellate court, including the claim that the Defendant B Co., Ltd changed in exchange at the appellate court, to “the removal of a steel fence on the line connecting each point of the annexed drawing No. 40, 21, 22, 37, and 38” was added to the order.

(2016Na61757) d.

The Defendants filed a lawsuit against E on August 16, 2017 from the Busan District Court Branch Branch of the Incheon District Court by filing a lawsuit against the Defendants for a claim, such as the transfer of land, shall take the temporary buildings (container boxes), measurement facilities, and scrap metal installed on the ground of 730 square meters of the portion of the attached Form 2 (c) in the ship connected to the Defendants in order of each point of the attached Form 37, 41, 43, 42, 39, 38, 37, and 37 of the instant land. The Defendants shall take the following measures: 16, 17, 18, 41, 43, 41, 43, 19, 20, 40, 39, 38, 37, and 41-1 of the attached Map 2

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