건물철거 및 토지인도
1. The Defendant points out of 4,5,6,15,14, 13, 12, and 4 of the annexed drawings among the 4,5, 6, 15, 14, 12, and 4 square meters in Sung-gun, Sung-gun, Chungcheongnam-do.
1. In full view of Gap evidence Nos. 1 and Eul evidence Nos. 1, and the purport of the entire pleadings as a result of the appraisal commission with respect to the Sung branch of the Korea Land Information Corporation’s sexual branch, the Plaintiff is recognized to possess and use the land indicated in paragraph (1) of this case (hereinafter “instant land”) as part of the instant land on September 29, 2016 due to the sale by voluntary auction on September 29, 2016, and the registration of ownership transfer was completed on October 5, 2016; and the building on the ground (C) part of the instant land connected in order to each point listed in attached Form No. 16-19 in the attached Form No. 16-19; and the Defendant, the owner of the instant building, who is the owner of the instant land, occupies and uses part of the instant land as part of the instant building site or the building site.
According to the above facts, the defendant is obliged to deliver the above part of the dispute to the plaintiff and remove the building on the ground, as it interferes with the plaintiff's exercise of ownership over the land by occupying and using the above part of the dispute over the land of this case.
2. As to the Defendant’s assertion, the Defendant alleged to the effect that: (a) the above building which was newly built by D was inherited for more than 100 years, and that there was no place to move because of inconvenience; (b) however, it is difficult to deem that the Defendant may refuse the Plaintiff’s request for delivery and removal on the sole basis of such assertion; and (c) the Defendant did not clearly state the claim regarding “the right to possess the said dispute” even at the request
3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.