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(영문) 제주지방법원 2018.11.27 2017가단52285

건물등철거

Text

1. In the order of the Defendant, among the land size of 132 square meters in Seopo-si, Seopo-si 132 square meters, each point of the attached drawing Nos. 4, 5, 6, 16, and 4 shall be

Reasons

1. Facts of recognition;

A. C. 132 square meters in Seopo-si, Seopo-si (hereinafter “instant 1”) and D. 5 square meters in Seopo-si, Seopo-si (hereinafter “instant 2”) are land owned by the Plaintiff.

B. However, at Seopopopopopo City, the retail store and housing (1st floor retail store, 18.97 square meters, 2nd floor housing, 18.97 square meters; hereinafter “instant building”) are owned by the Defendant. The instant building is constructed in line with each point of 4,5, 6, 16, and 4 of the attached Form No. 1 among the land in the instant case, which are connected in sequence with each point of 8,9,10, and 8 of the same drawings, and one square meter in line with each point of 3,4, 16, 2, and 3 of the same drawings among the land in the instant case and the land No. 2, which are connected in sequence with each point of 3,4, 16, 2, and 3 of the same drawings.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 7, 8, and 9, and the result of the measurement and appraisal commission to the head of the Seo Seogpo District Land Information Corporation in this Court, the purport of the whole pleadings

2. According to the facts of the above recognition, the Defendant, as the owner of the instant land Nos. 1 and 2, is obligated to remove the cement block block structure building on the ground of the above part of “A”, the part of “B” and the part of “B” and the part of “D” on the part of “A” in the ship, and to hand over the said part of “A”, the part of “a”, the part of “a” and the part of “B” in the ship, respectively, to the Plaintiff seeking the exclusion of and return of the disturbance.

3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.