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(영문) 대전지방법원천안지원 2017.08.09 2017가단1529

건물철거 등

Text

1. The Defendant (Appointed) against the Plaintiff:

A. A. Annex 1,554 square meters on the ground of Annex 1,554 square meters prior to Asan-si (a) block structure.

Reasons

1. Facts of recognition;

A. On April 30, 2008, the Plaintiff (designated parties; hereinafter only the Plaintiff) and the designated parties acquired ownership of 1,554 square meters prior to Asan-si’s compulsory auction procedure for real estate E by this court (hereinafter “instant land”).

B. The Defendant, on the ground of the instant land, owns approximately KRW 95 square meters in the attached Form No. 1 (1) of the block structure panel, the 2m2 in the boiler room, approximately 1.5m2 in the boiler room, (3) of the block structure, the steel plate, the steel plate, the roof of the block structure, about 32m2 in the pipe structure, and about 90m2 in the roof of the pipe structure, (5) of the pipe structure, the 5m2 in the pipe structure, and the 90m2 in the roof of the 5m2.

C. The plaintiffs and the designated parties filed a lawsuit against the defendant for the claim for land rent, and the judgment of winning the lawsuit became final and conclusive.

(Supreme Court Decision 201Ga31252, Daejeon District Court Decision 2012Na11608, Supreme Court Decision 2013Da27169). The defendant is currently not paying rent for at least two years.

[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, inasmuch as the Defendant did not have any assertion or proof of the right to possess the land of this case, it is obligated to remove, from the Plaintiffs, approximately 95 square meters of the attached drawing on the ground of the land of this case (i) the block structure board, 95 square meters of the housing unit, (ii) the bridge roof, about 2 square meters of the boiler room, approximately 1.5 square meters of the boiler room, (iii) the steel board, the steel board, the steel board, the single-story roof, and (iv) about 32 square meters of the pipe structure, and about 90 square meters of the low-rise roof of the pipe structure, and deliver the land of this case.

3. In conclusion, the plaintiffs' claim of this case is reasonable, and it is so decided as per Disposition.