beta
(영문) 청주지방법원 제천지원 2018.04.04 2017가단1352

건물철거 등

Text

1. The plaintiffs' claims are dismissed.

2. One-third of the costs of lawsuit shall be borne by the Plaintiffs, and the remainder by the Defendant, respectively.

Reasons

1. Facts of recognition;

A. The Plaintiffs are co-owners who own 1/2 shares of D large 120 square meters (hereinafter “instant land”).

B. On June 27, 2017, the Plaintiffs filed a lawsuit with this court stating that “The part of 2 square meters and 7.5 square meters of the house located in the light metal building owned by the Defendant was invaded by the instant land,” and that “the relevant part of the land shall be removed,” and that “the relevant part of the land shall be transferred.”

C. As a result of the survey and appraisal of the instant land during the litigation, the following facts were revealed: “The part (C) part of the instant land connected to each point of 17, 18, 19, 20, 13, and 17 indicated in the Appendix No. 17, 18, 19, 20, 13, and 17, among the buildings owned by the Defendant, was invaded on the instant land; and the Defendant occupied and used part (B) within the year connected each point of 1,2, 15, 12, 20, 13, 17, 14, and 17, among the instant land.”

Afterward, the Defendant removed the part (C) part (B) of the attached Form 17, 18, 19, 20, 13, and 17 attached Form 17 to the Plaintiffs, and delivered the part (B) of the attached Form 1, 2, 15, 12, 20, 13, 17, 14, and 17 in sequence.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 3 (including each number with several numbers), the result of the appraisal commission to the Director of 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's building in violation of the land of this case was removed as of the date of closing of argument of this case, and the part occupied and used by the defendant among the land of this case was delivered to the plaintiffs, and thus, the plaintiffs' claim is

B. The Plaintiffs and the Defendant are arguing to the effect that they should bear the litigation costs, such as appraisal costs, etc.

In consideration of the following circumstances, 1/3 of the costs of lawsuit is assessed against the plaintiffs, and the remainder is assessed against the defendant.