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(영문) 춘천지방법원 2017.01.12 2015가단51046

건물철거 등

Text

1. Defendant B:

A. Of the real estate listed in the attached list 1, the Attached Form No. 13, 15, 16, 17, 18, 19, 20, 21, 21.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings as a result of the fact inquiries into the Korea Land Information Corporation in this Court, and there is no counter-proofs, as a result of the following facts: Gap evidence 1-1 and Gap evidence 2-1 through 3; and the result of the request for the survey and appraisal of the Korea Land Information Corporation in this Court.

The non-party D completed the registration of transfer of the real estate listed in the separate sheet (hereinafter referred to as “instant land”) with respect to the land of this case restored to its original state on an irregular date. On September 12, 2014, the Plaintiff completed the registration of transfer of ownership with respect to the instant land from the non-party D.

B. On April 4, 2003, Defendant B completed the registration of ownership transfer for 2 real estate listed in the separate sheet on the instant land and Gangwon-gun E, F, and G land surface (hereinafter “instant building”).

C. On May 23, 2001, Defendant C completed the registration of ownership transfer with respect to three real estate listed in the separate sheet on the instant land and Gangwon-gun E, and G’s land (hereinafter “second building”). D.

Of the land in this case, part of the building in this case exists on the part of 156 square meters in the ship (c) which connects each point of the attached Form 13, 15, 16, 17, 18, 19, 20, 21, 22, 11, 12, 21, 20, 19, 18, 17, 16, 15, 13, and 14 among the land in this case, and the part (b) which connects each point of 14, 3, 4, 23, 22, 11, 12, 21, 20, 19, 17, 16, 15, 13, and 14 are used as the site for the building in this case.

E. Of the instant land, part of the instant building 2 is located on the ship (v) size of 165 square meters connected with each point of 10, 31, 30, 29, 28, 27, 26, 9, and 10, among the instant land, and the part (d) part of the instant building is 46 square meters connected with each point of 11, 22, 23, 24, 25, 25, 8, 9, 26, 27, 28, 29, 30, 30, 31, 10, and 11 in sequence. The land of this case is used as the site for the instant building.

2. The plaintiff's assertion

A. The Plaintiff filed a claim for removal, delivery, and return of unjust enrichment on the ground of illegal occupation.