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(영문) 광주지방법원 2014.12.16 2014가단26854

건물 및 시설물철거, 대지인도청구

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1. The Defendants are to the Plaintiff:

A. Of the area of 965 square meters in 1, 2, 25, 24, and 1 attached Form 1, 2, 24, among the area of 1, 965 square meters in Jeonsung-gun.

Reasons

1. Basic facts

A. The Plaintiff owned the land of this case from the said J on November 15, 2006, and completed the registration of ownership transfer on the said land on November 21, 2006.

B. The 1,669 square meters (hereinafter “K land”) adjacent to the instant land were owned by the original network L (hereinafter “K land”). However, as the network L died on April 17, 1994, the Defendants, their children, completed the registration of transfer of ownership on the K land on April 17, 1994 on the ground of inheritance on April 17, 1994.

C. On the ground of part 27.85 square meters (hereinafter “the instant site section”), which connects each point of the annexed drawing Nos. 1, 2, 25, 24, and 1 among the instant land, the building without permission (hereinafter “instant building”) owned by the Defendant is constructed. The Defendant owned the instant building and owned the instant site and owned the instant building and owned the instant site with the indication of the annexed drawing Nos. 1, 2, 3, 4, 30, 29, 28, 27, 26, 21, 22, 22, 23, and 1 of the instant land, including the instant site part.

[Grounds for Recognition] A.1 to 4, each entry in Gap's evidence, the result of the survey and appraisal by appraiser M, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendants are obligated to remove the instant building located on the instant site part to the Plaintiff, the owner of the instant land, and deliver the occupied portion to the Plaintiff.

3. Thus, the plaintiff's claim against the defendants is justified and all of them are accepted.