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(영문) 광주지방법원해남지원 2017.08.29 2016가단2748
토지인도
Text

1. The Defendant, among the land size of 684 square meters in Jeonnam-gun, Jeonnam-do, is in turn indicated in the annexed drawing No. 1, 2, 3, 4, and 1.

Reasons

1. Facts of recognition;

A. The registration of ownership transfer was completed on April 27, 1994 with respect to the land of 684 square meters in Jeonnam-gun, Jeonnam-do (hereinafter “instant land”), and on June 1, 2005, the registration of ownership transfer was completed on June 1, 2005.

B. On the above E-Road 1750 square meters adjoining to the southwest of the instant land (hereinafter “instant road”), the part (A) part of the toilets connected each point of the attached Form 1, 2, 3, 4, and 1 among the instant land is on the line of two square meters, and the part (b) part of the said toilets is on the line of two square meters connected each point of the said land, which is marked with the indication of the same drawing, 5, 6, 7, 8, and 5 square meters in sequence, among the instant land. A part of the said houses is on the line of 4 square meters in order to connect each point of the said land.

[The main issues of this case, including the above (a) and (b), shall be referred to as "the instant building", and the toilets and housing of this case shall be referred to as "the instant building" in total].

The building of this case had existed from the time when it was impossible to know accurately before 1987, but the registration has not yet been completed, and the defendant purchased it from the father F on September 1, 2003 and used it as his residence.

[Ground of Recognition] A without dispute, entry of Gap evidence 1, 3, 8, Eul evidence 2, Eul evidence 1-1, 2, and 3, each film of this Court, the result of the measurement and appraisal entrusted to the Do governor of the Korea Land Information Corporation, the purport of the whole pleadings

2. Determination as to the cause of action

(a) Where the ownership of a building erected on another's land is infringed upon by the ownership of the building, the person liable to remove the building is the owner of the building or the person in a position to purchase it and dispose of it legally and factually if the building is not registered;

B. (See, e.g., Supreme Court Decision 87Meu257, Nov. 24, 1987).

According to the above facts, the defendant purchased the building of this case in law.

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