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(영문) 창원지방법원 2017.05.24 2016나5966

토지인도 및 건물등철거

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Determination on the cause of the claim

A. 1) On October 3, 2014, the Plaintiff: (a) each real estate listed in the separate sheet No. 1 (hereinafter “the Plaintiff’s land”) from Nonparty C on October 3, 2014.

(2) On October 28, 2014, the Defendant purchased the Plaintiff’s land and completed the registration of ownership transfer on October 28, 2014. (2) The Defendant, as the owner of D and E-land adjacent to the Plaintiff’s land, newly constructed a building on the said land (hereinafter “instant building”). A part of the instant building was built by erosion of the Plaintiff’s land as follows:

(A) Of the Plaintiff’s land, the part in the instant case’s which was invaded as above is connected with each point of 20, 1415, 18, 19, and 20, the part of the instant case’s land, which is “A” and connected each point of 15, 16, 17, 18, 15, and 15, of the same drawings as “B” and the part of the instant land’s “B” connected each point of 26, 12, 13, and 26, of the same drawings as 21, 26, 12, 12, 11, and 21, which are identical with each point of 20, 145, 18, 19, and 20, were not included in the portion of “A” and the part of the instant building’s land that was newly constructed with “A” or “B” and the part of the instant building’s land number was not included in the area of each of the instant case’s land.

Each entry in the first instance court, the result of field inspection by the first instance court, the result of a request for surveying and appraisal by the Korea Land Information Corporation for the first instance court, the result of a request for surveying and appraisal by the Korea Land Information Corporation, the fact inquiry, reply results, and the purport of the whole pleadings.

B. According to the above facts, among the instant building owned by the Defendant, the above concrete retaining walls, etc. are invaded on the instant building. Thus, the Defendant, barring any special circumstance, shall be deemed the Plaintiff.