beta
(영문) 대구지방법원 2015.07.02 2014나19804

철거 등

Text

1. Of the judgment of the first instance court, the part against the plaintiff falling under the following order for implementation shall be revoked.

2...

Reasons

1. Determination on the cause of the claim

A. 1) On October 28, 1994, the Plaintiff: (a) on October 28, 1994, the land of this case is 504 square meters (hereinafter “instant land”).

(2) On April 11, 1989, the Defendant completed the registration of transfer of ownership on the same day on the grounds of sale and purchase on the same day. (2) On March 2, 1989, the Defendant completed the registration of transfer of ownership on the adjacent land of 2,466 square meters prior to the aforementioned D (hereinafter “the adjacent land prior to the instant partition”) on the grounds of sale and purchase on March 2, 1989. On February 16, 1993, the said D land became 743 square meters prior to the division (hereinafter “instant adjacent land”).

3) On May 23, 1997, the Defendant newly constructed a house on the ground of the adjoining land of this case, and constructed a cement brick structure wall (hereinafter “the wall of this case”) on the line connecting each point of the instant land in sequence 1, 2, 3, 4, 5, and 6 of the annexed drawings among the instant land.

B) Since then, the fence of this case was installed as a boundary, and the part (b) of 29 square meters (hereinafter “instant dispute land”) connected in order to each point of the attached drawing Nos. 1 through 11 and 1 among the land of this case, shall be 29 square meters (hereinafter “instant dispute land”).

(4) The rent from January 16, 1998 to August 11, 2014 for the land of this case is as listed below:

Of the lease period of 1.2, 16.16 to 19.2, 2, 19.2, 30 to 1.2, 2, 200 to 3.1, 2, 1998; 2,30 won x 350 days x 365 days x 1, 199; 2, 30 to 4.4, 2, 10 to 4.2, 2, 2, 10 to 3, 2, 2, 10.4, 2, 2, 10 to 3, 2, 2, 2, 10 to 4, 2, 2, 2, 2, 10 to 3.4, 2, 2, 10 to 4, 2, 2, 2, 100 to 3,00 won; 2,00 to 1,201