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(영문) 춘천지방법원원주지원 2015.04.01 2014가단36671

건물퇴거및토지인도

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1. The Defendants indicated in the attached Form No. 1, 2, 3, 4, and 1 in order to the Plaintiff among the land size of 113 square meters in Kuju-si.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner who completed the registration of ownership transfer with respect to the land indicated in the order on May 25, 2009, and part of the E-owned building (hereinafter “instant building”) is constructed by settling the part of (A) and 14 square meters in part of the above land (hereinafter “instant part of land”).

B. On September 23, 2013, the Plaintiff filed a lawsuit against E for the removal of the instant land’s building and the transfer of land by the court 2013Kadan2084, and rendered a judgment in favor of the Plaintiff on September 23, 2013, and the said judgment was dismissed by the Chuncheon District Court 2013Na5378, and became final and conclusive on July 5, 2014.

C. Meanwhile, the Defendants currently occupy the instant building.

Facts without dispute, entry in Gap evidence 1 through 4 (including each number), the purport of the whole pleadings

2. Determination:

A. According to the above facts finding as to the plaintiff's cause of claim, the defendants are obligated to leave the part of the building of this case corresponding to the ground of this case to the plaintiff.

B. As to the determination of the Defendants’ assertion, the Defendants asserted to the effect that the instant building was constructed with the consent of the former owner of the instant land, and that there was a title to possess the instant building. However, it is insufficient to recognize the said assertion only by the descriptions of the evidence Nos. 1 and 1, and there is no other evidence to acknowledge it.

3. If so, the plaintiff's claim against the defendants is justified.