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(영문) 대전지방법원공주지원 2019.01.31 2018가단21684

건물등철거

Text

1. In order to the Plaintiff, the Defendant indicated in the attached Table 1, 2, 3, 4, 5, 6, and 1 among the land size of 1,286 square meters in the Sinju City.

Reasons

According to the facts not disputed between the parties, and the purport of Gap evidence No. 1-2, 2, 2, 3, and 4 as a whole, the plaintiff completed the registration of ownership transfer on October 24, 1989, and the plaintiff's net D leased the above land to Eul's net F, and the plaintiff succeeded to this and leased the above land to E in a rent of 78,000 won. The defendant purchased the above land from E in around 2016, and currently owned the house, warehouse, toilet, etc. as stated in the Disposition No. 1-2 on the above land, and the defendant did not obtain the plaintiff's consent to use the above land.

According to the above facts, the defendant possessed the above house, warehouse, toilet, etc. and possessed the above land without a legitimate title (the defendant's right to possess the above land can not be acknowledged merely because he extended the above house with the consent of use of the above land from E). The defendant has a duty to remove the above house, warehouse, toilet, etc. and deliver the above land to the plaintiff.

Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition by admitting it.