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(영문) 의정부지방법원고양지원 2017.11.01 2016가단74268

불법시설물 철거 등

Text

1. The Defendant indicated in the attached Form 109, 109, 110, 111, 112, among the area of 1,267 m2 in Gyeyang-gu, Yangyang-gu, Yangyang-gu. The Plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are sectional owners of the NA building constructed on the ground of the instant land (hereinafter “instant building”).

B. Of the instant land, the Defendant shall install a building without permission on a lightweight 109, 109, 111, 111, 21, 21.9 square meters and 1,704 square meters in line with each point of 109, 109, 109, 111, 111, 110, 100, and 109, 109, 6.3 square meters in line with each point of 6.3 square meters in line with each point of 6.3 square meters in line (hereinafter “instant building”); 101, 102, 102, 104, 104, 104, 104, 104, 106, 104, 204, 104, 104, 204, 30, 104, 104, 106, 104, 104, 101.

C. However, the owner of the 1,704m20,000 O road in Gyeyang-gu, Seoyang-gu, Gyeyang-gu is Goyang-si.

[Ground of Recognition] A without dispute, Gap evidence Nos. 1 through 5 (including each number), Eul evidence or video Nos. 12 through 16, the result of the on-site verification by this court, the result of the appraiser P's survey and appraisal, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts of recognition as to the claim for the part of “permission” and “ wife”, the Defendant, without any title, shall be deemed to possess part of the building of this case on the ground of 21.91 square meters in the attached Form No. 109, 109, 110, 111, 112, and 109, among the land of this case owned by the Plaintiffs, on the ground of “permission” of 21.91 square meters in sequence of the annexed Form No. 109, 109, 109, 111, 112, and 109, part of the building of this case among the building of this case, and that part of the building of this case was owned on the ground of 0.6 square meters in sequence of the same drawing No. 101, 102