건물철거 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On January 18, 1982, the Plaintiff completed the registration of ownership transfer for the reason of property inheritance with respect to the land of 87 square meters in Kimhae-si (hereinafter “1”) on the ground of property inheritance, and on June 9, 1989, the Plaintiff constructed and uses the building on the ground of the above land (hereinafter “1 building”).
B. On December 28, 2015, the Defendant occupied and used the registration of transfer of ownership on the ground of sale as of November 3, 2015, with respect to the 199 square meters (hereinafter “second-class land”) and the two-story housing (hereinafter “second-class building”) adjacent to the land of Kimhae-si, Kimhae-si, which is adjacent to the land of December 1, 2015.
C. Meanwhile, the boundary of the land No. 1 and the land No. 2 are linked to each point indicated in the attached Form No. 1 and No. 4, and there is a wall connected to each point listed in the attached Form No. 5 and No. 6 (hereinafter “instant wall”) and the Defendant occupied and used the land No. 1, 2, 5, 6, 4, and 1 in sequence connected with each point listed in the attached Form No. 1, which falls under the land No. 1. 1, and the land No. 4 square meters (hereinafter “instant land”).
In addition, the part of the defendant's building (the part corresponding to the part among the lines, 14, and 15, hereinafter "the part of the building of this case") is constructed on the line that connects each point of the 1 and 4 specifications of the attached Form 4.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, 7, and 8 (including paper numbers; hereinafter the same shall apply), the result of surveying and appraising the Korea Land Information Corporation, the purport of the whole pleadings
2. Determination
A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to deliver the land of this case to the plaintiff seeking the removal of disturbance as the owner, barring special circumstances, and remove the building part of this case.
B. (1) Determination on the Defendant’s defense (1) The former owners of the land No. 2 and the building No. 2 and the Defendant’s possession and use of the instant land in a peaceful and public performance for at least 20 years.