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(영문) 전주지방법원 2020.09.24 2019나3823

건물등철거

Text

1. The judgment of the first instance, including the Plaintiff’s claim expanded and reduced in this court, is as follows, paragraph 2.

Reasons

1. Basic facts

A. On May 7, 1979, G, 200, H, April 8, 2002, I, 2005, J on September 28, 2005, and D on July 11, 2014, with respect to 257.9 square meters in Jeonju-si, Jeonju-si, and completed the registration of ownership transfer, respectively. The Plaintiff purchased the above land from D on September 30, 2017, and completed the registration of ownership transfer on December 1, 2017.

B. On June 10, 1967, K purchased f. 53.5 square meters adjacent to the Plaintiff’s land, and completed the registration of ownership transfer on August 9, 1967. On August 22, 1967, K constructed 36.65 square meters of a wooden flag and a roof single-story house on the ground.

E has completed the registration of ownership transfer on June 1, 2010 on the above land and buildings due to inheritance by a consultation and division as of September 3, 200, and the Defendant purchased the above land and buildings (hereinafter “Defendant building”) from E on May 17, 2018 and completed the registration of ownership transfer on May 31, 2018.

C. A part of the Defendant’s building is located on the part (B) of the Plaintiff’s land, which connects each point of which is indicated in the annexed drawing Nos. 1, 2, 3, 8, 9, and 1, and the fence of the Defendant’s building is installed on the line which connects each point of which is indicated in the same drawing Nos. 3, 4, 5, and 6. Accordingly, the Defendant’s building is a person who commits a crime on the part (a) of the Plaintiff’s land, which connects each point of which is indicated in the same drawing No. 1, 2, 3, 4, 4, 5, 6, 7, 7, 8, 9, and 1 (hereinafter “instant land”).

The rent from May 31, 2018 to May 30, 2019 for the instant dispute is KRW 1,247,280 (monthly 103,940) and the rent from May 31, 2019 to May 30, 2020 is KRW 1,29,830 (monthly 108,310).

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3 (including a branch number if there is a branch number; hereinafter the same shall apply), the result of the measurement entrustment to the main office before the Korea Land Information Corporation, and the result of the request for supplementation of appraisal, the result of the request for fee appraisal to the appraiser L by the court of the trial, the purport of the whole pleadings

2. According to the above-mentioned facts of determination as to the cause of the claim, the defendant.