beta
(영문) 대구지방법원상주지원 2015.11.18 2015가단8499

건물등철거

Text

1. The defendant

A. Of the 1,950 square meters in the field of residence, each of the items indicated in the attached Form 1, 2, 3, 4, 5, and 1, among the 1,950 square meters in the field of residence.

Reasons

1. Basic facts

A. The Plaintiff is an owner of C 1,950 square meters at the time of residence (hereinafter “instant real estate”).

B. Among the instant real estate, there are trees planted by the Defendant on the ground of 67 square meters in parts 1, 2, 3, 4, 5, and 1 of the attached drawings, which connected each point in order, and ② there exists a opening house installed by the Defendant on the ground of 10 square meters in parts 10 square meters in the same drawings, which connected each point in the order of 6, 7, 8, 9, and 6; ③ there is a house installed by the Defendant on the ground of 10 square meters in parts 10, 11, 12, 13, and 10 of the attached drawings; ④ there is a house built by the Defendant on the ground of 26 square meters in the same drawings, which connect each point of 14, 15, 16, 17, and 14 square meters in sequence, and the Defendant exists on the ground of 28 square meters in the same drawings.

(hereinafter referred to as the above trees in this case, and each of the above houses and houses are referred to as the "each of the instant buildings" (hereinafter referred to as the "each of the instant buildings").

On the other hand, on September 3, 2013, the Defendant entered into an agreement with the Plaintiff that “The house and buildings on the instant real estate are owned by the Defendant, and confirm that they are to be removed within seven days from the date of request when the Plaintiff requested removal. In addition, the trees planted on the instant real estate are promised to be removed by September 30, 2014” (hereinafter “instant agreement”).

In addition, some trees among trees planted and owned by the Defendant on the ground of the instant real estate (hereinafter “part of the instant trees”) were planted after the Defendant’s written confirmation.

E. On April 2014, the Plaintiff demanded the Defendant to remove buildings on the instant real estate and collect trees, based on the above confirmation document.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 5 shall include the number, below.