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(영문) 대전지방법원천안지원 2020.01.10 2019가합100823
건물등철거
Text

1. The plaintiff

A. Defendant B, as indicated in the attached list No. 6,537.9m2 in Seo-gu, Seoan-gu, Seoan-gu, Seocheon-gu, Seoul.

Reasons

1. The fact that there is no dispute over recognition, and if the purport of the entire pleadings is added to each of the entries in Gap's evidence, it is recognized that the corporeal movables listed in the separate sheet No. 1, Defendant B, and the corporeal movables listed in the 2 to 6 list No. 1, Defendant D owned by the Plaintiff (hereinafter "the land of this case") were installed or stored in the land listed in the order No. 1, the Plaintiff owned by the Plaintiff as shown in the annexed

2. According to the facts of the judgment on the plaintiff's primary claim, there is no title to use the land of this case as the site for the installation of corporeal movables listed in the above list 1, and the defendant B has the duty to remove corporeal movables listed in the above list 1, which is owned by the plaintiff.

(3) In light of the above facts in light of the above legal principles, the court below's determination as to the plaintiff's conjunctive claim against the defendant B on the premise that the defendant B is the owner of corporeal movables in the above list Nos. 2 through 6, and there is no evidence to acknowledge it. 3. The plaintiff's conjunctive claim against the plaintiff is without merit. Thus, since the defendant D did not have any title to use corporeal movables in the above list No. 2 through 6 as a site for the installation or piling up of corporeal movables in the above list, the defendant D is liable to remove each of the corporeal movables in the above list No. 2 to 6.

4. In conclusion, the plaintiff's primary claim is accepted within the scope of the above recognition, and the remainder is dismissed as it is without merit. The plaintiff's preliminary claim against the defendant D is justified and it is so decided as per Disposition.

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