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(영문) 춘천지방법원 강릉지원 2018.10.31 2018가단30739
건물명도(인도)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 27, 2017, registration of ownership transfer was made in the name of E on June 27, 2017, with respect to the 29.7 square meters (hereinafter “instant one building”) of a wooden tank and a branch roof on the ground under subparagraph 2 (road Name Address D) of Gangseo-si, Gangnam-si, the registration of ownership transfer was completed on the same day.

B. On July 3, 1986, the registration of ownership transfer was completed in the name of G on July 3, 1986 with respect to the 32.73 square meters (hereinafter “the instant two buildings”) of cement block structure, the cement block structure, the C (Road Name Address D) ground, and the ownership transfer registration was completed in the first instance, the Defendant’s father on January 30, 2018.

다. 피고가 점유하고 있는 건물은 위 C 토지(이하 번지는 모두 J리의 것이다)와 F 토지상에 걸쳐서 별지 도면 표시 46, 47, 48, 49, 50, 51, 52, 46의 각 점을 순차로 연결한 선내 ㈎부분 36㎡에 위치하고 있고, 그 구조는 시멘트블록조 스레트지붕 단층주택이다

(이하 ‘피고 점유 건물’이라 한다). 같은 도면 표시 48, 53, 54, 55, 56, 57, 58, 59, 60, 61, 49, 48의 각 점을 순차로 연결한 선내 ㈏부분 15㎡는 위 본체건물에 나중에 증축된 목욕탕 부분이다. 라.

On the land, several buildings are located in the land in addition to the building occupied by the defendant.

[Reasons for Recognition] Uncontentious Facts, Gap 2 Evidence, Eul 3 and 4 Evidence, Results of surveying and appraising the Korea Appraisal and Information Corporation, the purport of the whole pleadings as a result of on-site verification by this Court

2. The assertion and judgment

A. The plaintiff's assertion that the defendant occupied the building of this case owned by the plaintiff without permission, is obligated to deliver it to the plaintiff.

B. In light of the health stand and the above facts as to whether the Defendant occupied the instant one building, several buildings are located on the land in C. The instant one building and the Defendant’s occupied building are located on the land, and the structure and area of the instant one building and the instant building are 29.7 square meters for the former, and cement block structure for the latter.

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