건물철거 등
1. The Defendant: (a) out of the area of 2,572 square meters prior to C in the city of official residence to the Plaintiff;
A. Indication 3, 4, 5, 6, 39, 40, 41, 18, 19, 20, 21, 22.
In full view of the purport of the pleadings as a result of the survey and appraisal by Gap evidence Nos. 1 and 2 and the head of the official branch office of the Korea Land Information Corporation, the defendant occupied the portion of 847 square meters in the attached Form No. 3, 4, 5, 6, 39, 40, 41, 18, 19, 20, 21, 22, 23, 23, 38, 37, 36, 35, and 3, which are located in the land owned by the plaintiff, without permission, and the defendant possessed the portion of 847 square meters in the attached Form No. 42,43, 44, 45, 46, 47, 48, 49, 40, 414, 18, 50, 525, 564, 565, 567, 567, 564, 567, 567, 46
Therefore, the defendant is obligated to deliver the above (b) part to the plaintiff, and remove the above (a) part of the ground buildings (the legal party) and the above (b) part of the ground buildings.
On the other hand, the plaintiff also claims the withdrawal of the above building from the defendant, but even if the owner of the building occupies the land owned by another person through the ownership of the building, the owner of the land can claim the removal of the building and the delivery of the part of the site, and cannot claim the person who occupies the building under his/her own possession to leave the building (see Supreme Court Decision 98Da57457, 57464, Jul. 9, 199). This part of the claim is without merit.
Therefore, the plaintiff's claim is reasonable within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.