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(영문) 수원지방법원 평택지원 2018.03.07 2016가단50899

건물등철거

Text

1. The Plaintiff: D 487 square meters in Ansan-si;

A. Defendant B shall take precedence over each point indicated in the Appendix No. 2, 3, 15, 14, and 2.

Reasons

1. Basic facts

A. The Plaintiff entered into a sales contract on December 18, 1998 with respect to D-do-si 487 square meters (hereinafter “instant land”) and acquired the ownership of the said land by completing the registration of ownership transfer on January 29, 199.

B. Defendant B owned a building of 229 square meters adjacent to the instant land, and constructed and used the part (A) of the instant land connected with each point of 2,3,15,14, and 2 in the order of each point of 2,3,14, and 38 square meters in the attached drawing among the instant land and the building on his own land, and as a result, he occupies the part of 38 square meters in the place where the attached drawing is indicated in the instant land.

C. Defendant C, who owns a F 440 square meters adjacent to the instant land, installed a building adjacent to the instant land owned by the Plaintiff and owned it, thereby occupying a building for soil brick sapapap, which connects each point of 5, 6, 17, 16, and 5 in sequence among the instant land, the part of the attached drawing indicating 1.6 square meters and 17, 18, 19, 20, 7, 6, and 17, which connected each point of 17, 18, 19, 20, 7, 6, and 17.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including paper numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. Determination:

A. If it is so determined as to the cause of the claim, the Defendants, who possess the Plaintiff’s land without any possession right source, are obligated to remove each ground of the Plaintiff’s land owned by the Plaintiff and deliver the pertinent land to the Plaintiff, barring any special circumstance.

B. On July 1981, Nonparty G sold part of the land E, including the instant land, to Nonparty H and Defendant B, the former owner of Defendant C, a summary of the Defendants’ defense and its determination (1).

The Plaintiff purchased the instant land from Nonparty G around this time and commenced possession thereof.

(2) However, the registration shall be possessed by Nonparty H and I.