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(영문) 춘천지방법원 속초지원 2018.11.30 2017가단553
건물명도(인도)
Text

1. The Defendant points out to the Plaintiff each point of 83, 84, 85, 86, and 83 of the annexed drawings among the 11,175 square meters of Gangwon Yangyang-gun C Miscellaneous land.

Reasons

1. Basic facts

A. The plaintiff is the father of the defendant.

B. The Defendant possesses each of the buildings of this case by adding each of the buildings of this case (hereinafter referred to as “each of the buildings of this case”) in sequence 69 square meters on board each of (a) section 35 square meters in the part inside the ship (A) connected with each of the items of 83, 84, 85, 86, and 83 square meters in order among the items of 11,175 square meters in the land owned by Gangwon-do Yangyang-gun, Seoyangyang-gun, Gangwon-do, which are land owned by Gangwon-do, and (b) section (B) connected with each point of 87,88, 89, 99, 90, 91, 92, 93, 94, 95, 96, and 97 of the attached drawings.

[Ground of recognition] Facts without dispute; Gap evidence 2 through 4; Gap evidence 10; Eul evidence 10; Eul evidence 10 (including paper numbers; hereinafter the same shall apply); the result of this court's appraisal commission to the Youngbuk-dong Vice Governor of the Korea Land Information Corporation; the purport of the whole pleadings

2. The plaintiff asserts that the defendant is obligated to deliver the building of this case to the plaintiff on the premise that the plaintiff had acquired the building of this case originally.

As to this, the defendant asserts that the defendant had acquired the building of this case in its original condition.

3. In light of the following circumstances acknowledged by comprehensively considering Gap's evidence Nos. 5 through 9, Eul's evidence Nos. 2 through 9, and witness D's testimony, the plaintiff's original acquisition of the building of this case is recognized.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiff.

The Plaintiff’s sentence D, the Defendant’s Defendant, stated in this Court that “The Plaintiff recommended the Defendant to operate the building even if it is operated, and constructed the instant building with its own funds. However, the Defendant instructed the Defendant to implement remodeling construction on the ground of the experience in remodeling.”

B. In fact, the Plaintiff around July 4, 201, which was around the time of the construction of the instant building.

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