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(영문) 춘천지방법원강릉지원 2016.11.16 2016가단52773

건물등철거

Text

1. The defendant has each point in the attached Form 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 1 among the land size of 1306 square meters in Gangseo-si, Gangseo-si.

Reasons

1. Basic facts

A. On July 22, 2005, the Plaintiff acquired ownership of the land indicated in paragraph (1) of this case (hereinafter “instant land”).

B. The Defendant owns a building on the ground of part 92 square meters in part 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 1 of the land in the instant case, which is linked in sequence to each point of the annexed drawings.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. According to the above findings of determination as to the cause of the claim, the defendant is obligated to remove the ground buildings on the part of the ship and deliver the land on the part of the ship to the plaintiff, except in extenuating circumstances.

B. The defendant's defense is a defense to the effect that he/she has legitimate authority to occupy and use the portion of the land in the ship since he/she leased the land in the ship from D, the former owner of the land in the case, and newly built the land in the ship without compensation. However, there is no evidence to acknowledge

3. The plaintiff's claim for conclusion is accepted on the ground of the reasons.