beta
(영문) 춘천지방법원 2016.05.17 2014가단35474

건물등철거

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 18, 197, the Plaintiff completed the registration of ownership transfer with respect to F forest land 8,279 square meters in Chuncheon City.

On June 7, 1985, the said forest was divided into 8,147 square meters of G forest and 132 square meters of F forest and 132 square meters of forest. The said F forest and 132 square meters of forest were converted into H land and 132 square meters of forest and 132 square meters on the same day (hereinafter “the instant land”).

B. On November 16, 1983, the deceased I (hereinafter “the deceased”) constructed each building on the instant land as indicated in the separate sheet (hereinafter “instant building”) and completed the registration of ownership preservation on November 3, 1993 after obtaining the construction permission on November 25, 1985 after obtaining the use approval on November 25, 1986.

C. The Deceased died on February 7, 1994, and the Defendants, who were the offspring of the Deceased, jointly inherited the deceased’s property.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, 5, Eul evidence 1 through 3 (including provisional number), the purport of the whole pleadings]

2. According to the above facts of determination as to the cause of the claim, the Defendants possessed the instant land by jointly owning the instant building on the instant land owned by the Plaintiff, barring any special circumstance, the Defendants are jointly obligated to remove the instant building and deliver the instant land to the Plaintiff, barring any special circumstance.

3. Judgment on the defendants' defense of the prescription period for possession by the defendants

A. On December 3, 1993, the deceased asserted by the Defendants completed registration of preservation of ownership on the instant building, and began to occupy the instant land in peace and openly with the intent to own the instant land. Since the Defendants jointly inherited the instant building upon the deceased’s death and occupied the instant land, the prescription period for the acquisition of possession was completed on or after the lapse of 20 years from the date of commencement of possession on the date of lapse of 2013.

Therefore, the Defendants cannot comply with the Plaintiff’s request.

B. (1) The starting point of the acquisition by prescription is not a major fact directly necessary for the judgment of legal effect, but an indirect fact, and thus, the court is not bound by the parties’ assertion on this.