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(영문) 전주지방법원 정읍지원 2018.05.29 2017가단2807
건물철거등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Plaintiff’s assertion

The summary is that the Plaintiff is the owner of the site listed in the attached Table 1 (hereinafter “instant site”). The Defendant owned the building, etc. listed in the attached Table 1, 2, and 3 on the ground of the instant site (hereinafter “instant building”) and occupied the instant site without permission.

Therefore, in preparation for the case where the Plaintiff primarily sought the removal of the instant building and the delivery of the instant site from the Defendant, and the Plaintiff’s preliminary approval of the Defendant’s right to use the instant site, the Plaintiff sought an amount of money in proportion to KRW 1,134,00 per annum from July 25, 2017 to the completion date of delivery of the instant site from the date following the date when the Plaintiff fully paid the sale price in the auction procedure on the instant site.

Judgment

The plaintiff's primary claim and conjunctive claim are premised on the premise that the defendant owned the building of this case and possessed the building of this case. However, there is no evidence to prove that the defendant owned the building of this case, and therefore, the primary claim and conjunctive claim are without merit.

The plaintiff's claim of this case is dismissed.

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