beta
(영문) 청주지방법원 2020.09.25 2020가단285

건물철거 및 토지인도

Text

Defendant C: the Plaintiff:

A. Of F 592 square meters in Nam-gu, Dong-gu, Incheon, the respective points are indicated in the annexed drawings 1, 2, 3, 4, and 1.

Reasons

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer on August 20, 2014 by the Daejeon District Court Decision 80807, which was received on August 20, 2014 with respect to F 592 square meters (hereinafter “instant land”).

B. Defendant C owns a house not registered on the G land adjacent to the instant land. Of the instant housing, part of the instant housing is located on the ground of the part 10m2, which was successively connected with each point of 1,2,3,4, and 1 of the annexed drawings among the instant land, and the part of the fence attached to the instant housing is located on the ground that was successively connected 5,6, and 7 of the annexed drawings among the instant land.

[Ground of recognition] Facts without dispute, Gap 1, 2, 4, 6, 12 evidence, Eul 1 and 2 evidence (including the number number; hereinafter the same shall apply) or video, the result of the appraisal by appraiser's office in the National Land Information Corporation, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, Defendant C, as the owner of the instant housing, has the obligation to remove each part of 10 square meters of the attached Form Nos. 1, 2, 3, 4, and 1 among the instant land, and each of the parts connecting 10 square meters and 5, 6, and 7 of the attached Form Nos. 1, 2, 3, 4, and 1 to the Plaintiff without title. As such, Defendant C is obligated to remove each of the parts of the instant land, each of which connected 10 square meters of the attached Form Nos. 1, 2, 3, 4, and 1 to the Plaintiff, and deliver each of the above parts of the instant land.

B. The Plaintiff also sought the removal of the building and fence, and delivery of each part of the land occupied by Defendant D and E. However, there is no evidence to prove that the Defendants owned each of the above parts of the land by owning the instant housing. Therefore, the above assertion is without merit.

C. As to the Defendant C’s assertion, the result of the instant survey and appraisal did not follow the survey method and standard point at the time of construction of the instant housing.