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(영문) 전주지방법원정읍지원 2017.07.11 2016가단576

건물철거 및 토지인도

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1. The defendant shall be the plaintiff.

A. Of the area of 390 square meters in Jeon Chang-gun, Jeon Chang-gun, Jeon Chang-gun, the respective points are indicated in the attached Form 1, 2, 14, 13, 12, and 1.

Reasons

1. Basic facts

A. On December 13, 198, the Plaintiff completed the registration of ownership transfer in the name of the Plaintiff with respect to the area of 390 square meters (hereinafter “instant land”).

B. Of the instant land, the Defendant owned the instant land by owning 17 square meters per 17 square meters per square meter (hereinafter “instant warehouse and fence”) on the part of “A” with the indication of the attached drawings on the ground mentmenble block block structure warehouse and 44 square meters per 17 square meters per unit packed with cement block fence and concrete package (hereinafter “instant warehouse and fence”).

C. Of the instant land, rent for the part occupied by the Defendant is KRW 418,320 in total from February 27, 2006 to February 26, 2016, and KRW 4,200 in each month from April 27, 2017.

[Ground of recognition] Facts without dispute, entry and video of Gap evidence 1 through 8 (including each number; hereinafter the same shall apply)

2. Determination

A. According to the above facts finding as to the cause of claim, the defendant owned the warehouse and fence of this case on the land of this case and obstructed the exercise of the plaintiff's right to the land of this case. Thus, barring any special circumstance, the defendant is obligated to remove the warehouse and fence of this case and deliver the land of this case to the plaintiff, and pay the money calculated at the rate of KRW 4,200 per month from April 27, 2017 to April 4, 2000.

B. The defendant's assertion 1) The defendant newly constructed the warehouse and fence of this case in around 1983 after purchasing 327 square meters adjacent to the land of this case. Since the plaintiff occupied the land of this case as the intention of ownership for not less than 20 years from around 1988 after completing the ownership of the land of this case, the prescriptive acquisition was completed in full view of the purport of the argument in the statement in subparagraph 1 of the evidence No. 1, the defendant newly built the warehouse of this case and fence around 193 and occupied it for not less than 20 years.