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(영문) 춘천지방법원강릉지원 2020.07.07 2019나415

건물등철거 및 토지인도

Text

1. The judgment of the court of first instance is modified as follows.

The defendant is attached Form 1, among the land size of 976 square meters in Gangseo-si, Gangnam-si.

Reasons

1. Determination on the cause of the claim

A. In full view of the entries in Gap evidence Nos. 1 and 2 and the overall purport of the pleadings as a result of the commission of appraisal (survey) on the Korea Land Information Corporation in this court, the plaintiff is the owner of Gangseo-si C 406§³ (hereinafter "the land in this case"), and the defendant owns the building on the part of the light-scale structure board of the light-structure structure of the D land adjacent to the land in Gangseo-si, Gangnam-si, which is adjacent to the land in this case (hereinafter "the building in this case"). It is recognized that the building in this case owned a building on the part of the building in this case, which connects each point of 20, 21, 22, 23, and 20 square meters of the attached Form No. 1 of the land in this case, and thus interferes with the plaintiff's exercise of ownership by occupying it as the building site.

B. Therefore, barring any special circumstance, the Defendant is obligated to remove the building on the ground level of 12m2 square meters on the part (A) of the instant land, which connects each point of (20, 21, 22, 23, and 20 of the annexed drawing Nos. 1 among the instant land, and to deliver the said part to the Plaintiff, the owner of the instant land.

2. In conclusion, the plaintiff's claim shall be accepted within the scope of the above recognition, and the remaining claims shall be dismissed as there is no ground. Since the judgment of the court of first instance is partially different from this conclusion, it is so unfair as to revise the judgment of the court of first instance as above, and it is so decided as per Disposition.