건물등철거
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Facts of recognition;
A. The plaintiff completed the registration of transfer of ownership on September 7, 1973 on the land of this case on April 25, 1963.
B. On September 7, 1973, the Defendant completed the registration of ownership transfer on August 6, 1963 with respect to the area of F 172 square meters in Nam-gu, Nam-gu on the ground of sale and purchase on August 6, 1963. On September 18, 1987, the Defendant completed the registration of ownership preservation with respect to the area of cement block block structure, straw-projected one-story housing, 60.20 square meters (hereinafter “Defendant-owned housing”).
C. However, among the land in this case, the portion (B) part (B) of the attached Table No. 2, 11, 12, 3, 4, 9, 10, and 2 connected each point in sequence with each point of (B) part (hereinafter “the part (B)”) of the attached Table No. 2, 12, 13, 10, and 11 among the housing owned by the Defendant are connected with each point of (b) the same appraisal map No. 11, 12, 13, 10, and 11, the land in this case is connected each point of (hereinafter “the part (B) of the attached Table No. 2, 11, 12, 3, 4, 9, 10, and 2
[Ground of recognition] Uncontentious facts, Gap evidence 1, 2, and 4, the result of the on-site inspection by the court of the first instance, the result of each entrustment to the chief of the National Land Information Corporation by the court of the first instance for appraisal, the purport of the whole pleadings
2. According to the above facts of recognition as to the cause of claim, unless there are special circumstances, the defendant interferes with the exercise of the plaintiff's right to the land of this case. Thus, the part A of this case which the defendant occupied and used by the defendant based on the plaintiff's right of exclusion of interference based on the plaintiff's ownership is removed, and the part of this case (B) occupied by the defendant is delivered to the defendant as the site, and the defendant is obligated to return to the plaintiff the unjust enrichment equivalent to the rent from the date
3. The defendant's assertion asserts that the defendant cannot respond to the plaintiff's claim due to the completion of the prescriptive acquisition for possession as to the part of the instant case (b).
Modern, Modern, Doz.