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(영문) 전주지방법원남원지원 2014.12.03 2014가단10572

건물등철거

Text

1. The defendant points out of the land stated in the attached list No. 1 of the annexed list No. 27, 28, 4, 5, 32, and 27.

Reasons

1. It is recognized that: (a) the Plaintiff, on April 29, 195, completed the registration of ownership transfer on the land indicated in paragraph (1) of the attached Table No. 1 on the ground of sale on March 15, 1995; and (b) the building listed in paragraph (2) of the attached Table No. 2 of the Defendant’s ownership (hereinafter “instant building”) under the attached Table No. 1 (hereinafter “D land”); and (c) the other land located in Eriri shall be called “E 00 land” according to the lot number of different land located in Eriri, the land indicated in the attached Table No. 27, 28, 4, 5, 32, and 27 are located on the part of the attached Table No. 27, 5, 32, and 166 square meters in sequence.

According to the above facts, the defendant has a duty to remove the building of this case on the ground of 166 square meters on the above part (A) in the ship and deliver the part (A) 166 square meters in the above ship to the plaintiff, barring special circumstances.

2. Judgment on the defendant's assertion

A. The gist of the defendant's assertion was known that the building of this case was 166 square meters in part (A) in the above ship, and the building of this case was constructed with subsidies. Thus, the plaintiff's claim of this case is abuse of rights.

B. The facts of recognition 1) F completed the registration of ownership transfer on G land on March 5, 1993 for sale and purchase on August 7, 1993. H established the Plaintiff Association on February 28, 1994 for sale and purchase as of October 30, 1984, and for J land on February 25, 1994. < Amended by Presidential Decree No. 13587, Feb. 23, 1994; Presidential Decree No. 13587, Feb. 28, 1994> F and H operated the compost factory on G, I, and J land on the ground of 193.

3) Since 2005 and 6 years of heavy snow, the mooring process site was collapsed, and the compost plant was virtually closed. 4) G land was transferred to K on January 12, 2005, and I land was transferred to the Defendant on February 23, 2006.

5-F.