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(영문) 춘천지방법원속초지원 2017.05.02 2016가단2057

건물철거 및 토지인도

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1. The Defendant connects the Plaintiff with each point of the attached Form 7, 8, 9, and 7, among the land size of 94 square meters in Seocho-si, Seocho-si.

Reasons

1. Facts of recognition;

A. On July 19, 2005, the Plaintiff completed the registration of transfer of ownership with respect to C. C. 94 square meters (hereinafter “instant land”).

B. On December 13, 2010, the Defendant completed the registration of transfer of ownership with respect to D Dae-si 52 square meters on the ground of donation.

C. The Defendant, upon receiving a donation from E of the said land of 52 square meters in the Republic of Korea, was also donated with a brick tank toilet (hereinafter “instant toilet”) located between the said land and the land of this case, which was newly constructed as a 132 square meters away from the land of this case. A part of the instant toilet was connected in order to each point of 7, 8, 9, and 7 in the attached Form No. 7, 8, 9, and 7 among the instant land, the Defendant committed a crime of 1 square meters in part (hereinafter “instant flooded land”).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4 (including additional number), the result of the survey and appraisal conducted by appraiser G, the purport of the whole pleadings

2. According to the facts of the above recognition, the Defendant, as the owner of the land of this case, has the duty to remove the part of the toilet of this case located on the land of this case and deliver the land of this case to the Plaintiff.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.