건물철거
1. The Defendant each indicated in the attached sheet No. 1, 2, 3, 4, 1, which was constructed on the ground of 125 square meters in Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.
1. Facts of recognition;
A. The Plaintiff completed the registration of transfer of ownership on March 9, 2015, as the Changwon District Court, Changwon District Court No. 3719, which received on March 9, 2015, on the ground of the sale as of March 9, 2015, with respect to 125 square meters (hereinafter “instant land”).
B. The Defendant owned a single-story building of 29 square meters in the part on the ground of the instant land, which connects each point of the attached Table 1, 2, 3, 4, and 1 to the point of the attached Table 1, 2, 3, 4, and 29 square meters on the ground of the instant land, and owned a single-story building of 21 square meters in the part “B,” which connects each point of 5, 6, 7, 8, 9, and 5 square meters in sequence, and one-story of 10, 11, 12, 13, and 10 square meters in the same appraisal map.
[Reasons for Recognition] 1 and 2 Evidence A, the result of a request for surveying and appraisal to the high-ranking branch office of the Korea Cadastral Corporation, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to remove the instant building on the ground of the instant land to the Plaintiff, the owner of the instant land, and deliver the instant land, except in extenuating circumstances.
3. Judgment on the defendant's defense
A. As to this, the Defendant: (a) purchased the instant land and buildings from D in 1962; and (b) donated the instant land and buildings to DongF in 1962; (c) the Defendant, the wife of the netF, has resided in the instant building continuously. Since the Defendant continuously occupied the instant land in peace and public performance for at least 20 years since around 1962, it is asserted that the period of prescription for possession of the instant land has expired.
(b) Even if the acquisition by prescription has been completed, if a third party completes the registration of ownership transfer on that real estate between the parties without making any registration following it, that third party shall be due to the completion of the prescription of possession.