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(영문) 수원지방법원 2016.04.07 2015가단127557

건물철거및 토지인도 청구의 소

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1. Attached list to the plaintiffs

1. Attached drawings and specifications among the registered real estate shall be indicated 1, 2, 3, 4, 5, 6, 7, 14, 13, 15, and 1;

Reasons

1. In full view of the purport of the entire pleadings in the evidence Nos. 1 to 4 of the judgment as to the cause of the claim, each real estate listed in the separate sheet is the land owned by the plaintiffs, and the defendant holding the forest land D in emulic City adjacent to the above land, the separate sheet

1. A list of 16 square meters in width and 7, 8, 13, 14, and 7 of the same drawings on the part of a ship which connects each point of which is indicated in the attached Form 1, 2, 3, 4, 5, 6, 7, 14, 13, 15, and 1, among the real estate recorded in the list, and the list of 7 square meters in width and 7 square meters in width and 7, connected to the part of a ship;

2. It may be recognized that a ship connected each point of 9, 10, 11, and 9, among the real estate stated in the attached Form, is owned by each building of 2m2 square meters for earth, brick, and stone in the part for which the table is located;

According to the above facts of recognition, as long as the defendant did not assert and prove the right to possess each of the above parts, the defendant is obligated to remove the above parts of the wall and fence and deliver each of the above parts of possession to the plaintiffs.

2. The Defendant asserts that the Defendant acquired by prescription each of the above parts on May 2, 2014, since around May 1994, since since the judgment on the Defendant’s assertion was in a peaceful and open possession and use of the above parts.

However, it is not sufficient to recognize that the Defendant occupied the above parts in a peaceful and public performance by itself with the intention to own them, and there is no other evidence to acknowledge it otherwise.

Therefore, the defendant's argument is without merit.

3. In conclusion, the plaintiffs' claims are justified, and all of them are accepted.