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(영문) 대구지방법원 2015.05.01 2014나13868

건물철거 및 대지인도

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On December 12, 1974, the Plaintiff completed the registration of ownership transfer with respect to C & 298 square meters (hereinafter “Plaintiff’s land”).

B. On May 25, 1979, the Defendant completed the registration of ownership transfer with respect to D, 188 square meters adjacent to the Plaintiff’s land (hereinafter “Defendant’s land”).

C. Around September 1979, the Defendant newly constructed a building listed in the attached Form (hereinafter “instant building”) and completed the registration of initial ownership on September 26, 1979;

The building of this case, as shown in the attached Form No. 1, 2, 3, 4, 5, 20, 19, 18, and 1, connected each point of the Plaintiff’s land, was built in a ship with a total of 13 square meters (hereinafter “the part of the instant crime”) and (c) part. The Defendant continues to possess and use the part of the instant crime from that time up to that time.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 4 (including additional numbers), the result of the request for surveying and appraisal to the Chief of the Gyeongsan-si Branch Office of the first instance court and the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant, barring any special circumstance, is obligated to remove each of the items of (c) part 1, 2, 19, 18, and 1 in the ship connecting each point of (b) part 6m2 of the attached drawings among the plaintiff's land to the plaintiff, and the part 7m2 of the above (c) part 7m2, 3, 4, 5, 20, 19, 19, and 13m2 of the attached drawings.

3. Judgment on the defendant's defense

A. The Defendant’s defense to the effect that the Defendant did not have any obligation to respond to the Plaintiff’s claim, as it acquired by prescription the part of the instant crime by continuously occupying the part of the instant crime with the intent to own it in a peaceful and public performance for at least 20 years since the construction of the instant building.

B. The fact that the Defendant built the instant building around September 1979 and possessed the instant bed part for not less than 30 years from that time.