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(영문) 수원지방법원성남지원 2020.06.03 2017가단23140
건물철거 및 토지인도
Text

The Defendant

A. Of the land size 84,97 square meters in Hanam-si D Forest land, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73.

Reasons

1. Determination on the cause of the claim

A. 1) The Plaintiff is a 84,997m2 (hereinafter “instant land”) with respect to the Plaintiff’s forest D forest land in Hanam-si (hereinafter “instant land”).

(2) The Defendant is the owner of the instant land. (2) The Defendant has installed a load box on the ground of 114 square meters for the portion of “the 3rd area” (hereinafter “the part of the instant load box”) which connected in sequence 75, 76, 77, 78, and 76, among the instant land, with the indication of the attached drawing, and occupies the part of “b” part of 309 square meters in the instant land (hereinafter “the instant part”) connected in sequence 63,64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, and 63.

[Ground of Recognition] Unsatisfy, the result of this court's request for measurement and appraisal to the branch offices sub-Nam-Named by the Korea Land Information Corporation, the purport of the whole

B. Therefore, the Defendant is obligated to remove the part of the instant house and deliver the part of the instant land to the Plaintiff, unless there is a special reason to the contrary.

2. The defendant's argument as to the defendant's assertion argues to the effect that, with the permission of the defendant to use the part of the land of this case from the former owner of the land of this case, the defendant started possession with the permission to use the part of the land of this case, and the construction of the facilities, such as a bar, on the ground with the consent of the former owner, the right to purchase attached thereto may be exercised, and that the period

However, insofar as there is no evidence to acknowledge that the Defendant obtained the consent of the former owner regarding the possession of the part of the instant land, the remainder of the Defendant’s remaining arguments are without merit without further examination.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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