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(영문) 창원지방법원밀양지원 2016.09.20 2015가단2364

토지인도 및 건물등철거

Text

1. As to each real estate listed in the separate sheet Nos. 20, 14, 15, 18, 19, 20 of the Attached Form No. 2.

Reasons

On October 3, 2014, the Plaintiff purchased each real estate listed in the separate sheet No. 1 (hereinafter “the Plaintiff’s land”) from Nonparty C on October 3, 2014, and completed the registration of ownership transfer on October 28, 2014.

The Defendant, as the owner of the land D and E adjacent to the Plaintiff’s land, newly constructed a building on the said land (hereinafter “instant building”). Some of the above buildings was built by erosion on the Plaintiff’s land as follows.

(B) Under the following circumstances, the part of the Plaintiff’s land, which was invaded as above, is connected in sequence with each point of 20, 1415, 18, 19, and 20 indicated in the annexed drawing Nos. 2, 15, 18, 19, and 20, and the part of the Plaintiff’s land, “A” connected with each point of 19С of concrete retaining wall Nos. 15, 16, 17, 18, and 15, and the same drawing Nos. 26, 12, 13, and 26 square meters of steel Nos. 26, 26, 12, 11, and 21, and all of the above part of the Plaintiff’s land were connected to the Plaintiff’s land, and the Defendant, without any special ground for the Plaintiff’s assignment of each part of the instant land to the Plaintiff’s land, is deemed to have no specific ground for the Defendant’s assignment of each part of the instant building No. 1 to the instant land.

The main point of the argument regarding the defendant's argument is that the defendant constructed the building of this case around September 1989.