건물등철거
1. The defendant has each point of the attached Table 1, 2, 3, 4, 5, 6, 7, 8, and 1 among the land size of 182 square meters in Bocheon-si, Bocheon-si, the plaintiff.
1. Determination as to the cause of claim
A. 1) D is the land indicated in Paragraph 1 of the Disposition on June 28, 1972 (hereinafter “instant land”).
(2) The Plaintiff purchased the instant land from E on August 24, 2016 and completed the registration of ownership transfer on October 6, 2016.
3) On April 1, 2011, the Defendant: (a) a house with a size of 109 square meters and above ground (hereinafter “instant house”) located adjacent to the instant land in Bocheon-si; and (b) a house adjacent thereto.
A) The registration of ownership transfer was completed with respect to the instant land. Of the instant housing, part of the instant housing was connected in sequence to each point of the attached appraisal Nos. 1, 2, 3, 4, 5, 6, 7, 8, and 1, the part (i) in the ship (hereinafter “instant land”).
(iii) have been constructed above [the fact that there is no dispute over the grounds for recognition, the entry in Gap evidence 1-1-3 and the purport of the whole pleadings.]
B. According to the facts of the above recognition, the defendant, the owner of the land of this case, is obligated to remove the house on the ground of this case and deliver the land on the dispute of this case to the plaintiff, unless there are special circumstances.
2. Judgment on the defendant's assertion
A. The Defendant’s acquisition by prescription was completed with respect to the land in the dispute in this case. E, the former owner of the land in this case, knew of the Defendant’s completion of the acquisition by prescription with respect to the land in this case, but was subject to the Plaintiff’s transfer of ownership, and the Plaintiff actively participated in such act, and the Plaintiff’s completion of the registration of ownership transfer is null
B. The acquisition by prescription is based on the fact that the owner of real estate was aware of the completion of the acquisition by transfer of ownership transfer by disposing of the real estate to a third party, thereby falling into the impossibility of performance of the obligation to register ownership transfer due to the completion of acquisition by transfer.