건물철거 및 토지인도청구 등의 소
1. The plaintiff succeeding intervenor B's claim is dismissed.
2. The costs of litigation shall include parts resulting from the succession.
1. Basic facts
A. The Plaintiff (Withdrawal) owned 261m2 (hereinafter “Plaintiff’s land”) in Gwangju-si D on August 7, 2003, and completed the registration of transfer of ownership due to the division of property as of March 11, 2019 to the Plaintiff’s succeeding Intervenor B, who was his/her spouse, on the grounds of the division of property as of February 10, 2019.
B. On October 24, 2012, the Defendant acquired ownership of 397 square meters and 43.78 square meters on the land of Gwangju-si located in the vicinity of the Plaintiff’s land (hereinafter “Defendant’s land”).
C. The Plaintiff (Withdrawal) asserted that part of the Defendant’s building and sewage managers were laid underground or constructed on the Plaintiff’s land and filed the instant lawsuit seeking removal and delivery against the Defendant.
The Plaintiff’s succeeding intervenor acquired the ownership of the Plaintiff’s land and succeeded to the instant lawsuit. D.
Plaintiff
Of the land, there are women of the Defendant building in the part “1” part of the attached Table 1, 2, 3, 4, and 1 among the land, which connects each point of the attached Table 1, 16, 17, 18, and 15 to the public part “1m2” part of the attached Table 1, 2, 3, 5, 5, 6, 7, 8, 9, 10, 11, 12, 14, and 15, which connects each point of 15, 16, 17, 18, 18, and 15, the same appraisal is installed a cover of sewage pipes of the Defendant building (hereinafter referred to as “instant sewage pipe cover”) on the ship’s 1m2, 3, 5, 5, 6, 7, 8, 9, 10, 12, 14, and 1, and the remainder of 8m2.
The Plaintiff (Withdrawal) or the Plaintiff’s succeeding intervenor occupies the said axis from June 27, 2016.
[Ground for Recognition: Unsatisfy, Gap evidence 1 and 9 (including virtual number; hereinafter the same shall apply)
Each entry, Gap evidence 5-2, 3, Eul evidence 7-2, 5-2, 5-3, and Eul, and the result of each request for appraisal by this court for appraiser F, the purport of the whole pleadings
2. The plaintiff's successor's assertion and judgment
A. The Plaintiff’s succeeding intervenor’s assertion is either the Plaintiff’s succeeding intervenor and the Plaintiff’s land.