beta
(영문) 춘천지방법원 강릉지원 2021.01.20 2020가단34949

건물등철거

Text

1. In order to the Plaintiff, the Defendant indicated in the attached drawing Nos. 19, 22, 21, 20, 19 among the land size of 2,191 square meters in Gangseo-si.

Reasons

1. Facts of recognition;

A. The Plaintiff’s ground for sale on April 20, 2014 with respect to the 2,191 square meters (hereinafter “instant land”) in Gangseo-si, Gangnam-si.

5.2. The owner who has completed the registration of ownership transfer.

B. The Defendant owned a building with a size of 129 square meters adjacent to the instant land on the ground, which is owned by the Defendant, of cement brick gate No. 2 of the cement gate No. 129 square meters owned by the Defendant (hereinafter “instant building”).

(c)

However, beyond the boundary of the instant land, the instant building is in excess of the size of 5 square meters in the ship (Ga) connected in sequence of each point of 19,22,21,20,20, and 19 indicated in the annexed drawing beyond the boundary of the instant land.

【Unfounded Grounds for Recognition】 In the absence of a dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 and 2 (including any number), Eul evidence Nos. 1 and 2, the result of this court’s commission of appraisal to the Gangnam Branch of the Korea Land Information Corporation, the purport of the entire pleadings

2. According to the above facts of determination as to the cause of the claim, the Plaintiff, as the owner of the land of this case, may claim exclusion of interference with the Defendant who possesses part of the land of this case. Thus, the Defendant, barring any special circumstance, has the duty to remove the portion of the building (A) on the ground of which part of the building was connected in sequence of each point of 19, 22, 21, 20, 19, and deliver that part of the land to the Plaintiff

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.