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(영문) 광주지방법원 2016.11.09 2015가단526078

건물등철거 및 토지인도

Text

1. The Defendants are listed in the separate sheet to the Plaintiff.

1. Removal of the building and entry in the attached list;

2. Iron nets; and

Reasons

1. Facts of recognition;

A. On January 5, 2015, the Plaintiff acquired the ownership of 1,609 square meters of I forest land and J forest land and 771 square meters of land in Sung-gun, Jeonsung-gun. The said forest was merged into 2,380 square meters of I forest land and 2,380 square meters (hereinafter “instant forest”) on January 9, 2015.

The Defendants are co-inheritors of net K (Death on November 18, 2010), and are co-inheritors of L, large 301 square meters abutting on the instant forest and land, and of cement brick studs, cement brick studs, and 69.1 square meters (hereinafter “instant housing”).

B. Theme part of the instant housing is located in the area of 5 square meters indicated in the annexed cadastral status survey (D) as a result of the instant real estate erosion, and is located in the area of 353 square meters in the area above 353 square meters on the ground of the attached cadastral status survey (B), such as the registration of actual status survey conducted by K or the Defendants, and the registration of actual status survey conducted by K or the Defendants is located in the area above pent, and the registration of actual status survey conducted by K or the Defendants is located in the area above 353 square meters above the attached cadastral status survey conducted by K or the Defendants (the Plaintiff indicated the registration of actual status survey results as indicated in the attached Form (C). However, according to the results of the request for the survey and the purport of the entire pleadings on the Korea Land Information Corporation, the registration of trees is located in the area of 353 square meters in accordance with the purport of the aforementioned part before the alteration. Therefore, considering the purport of the claim before the alteration, the indication of the claim is deemed to be an obvious clerical error.

[Ground of recognition] Uncontentious facts, Gap 1 through 3 evidence, Eul 1 through 6 evidence, the result of the commission of surveying and appraisal to the Korea Land Information Corporation, the purport of the whole pleadings

2. As to the facts admitted, the Defendants’ list in the annexed sheet in part of the instant forest owned by the Plaintiff.

1. Building:

2. Iron nets;

3. Trees;

4. Construction or planting of the Hashes facilities in possession of this part, and there is no evidence to deem that the Defendants had the title to possess the forest of this case owned by the Plaintiff.

Therefore, the Defendants are therefore.