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(영문) 의정부지방법원 2017.12.01 2016가단128834
건물등철거
Text

1. The defendant shall be the plaintiff.

A. 1. Attachment 7 through 10, 7 of the [Attachment 2] Map 438 square meters, D road 24 square meters, and 11.

Reasons

1. Basic facts

A. On September 5, 2014, the Plaintiff acquired the ownership of the CJ 438 square meters and D road 24 square meters.

The defendant is the owner of the building listed in the attached list.

B. Among the above land C and the above D land, part of the housing owned by the Defendant on the ground of “bb” part of the attached drawing Nos. 7 through 10, and 11 square meters on the ground of “B” part of the attached drawing No. 2, ② part of the block fence owned by the Defendant on the ground of “c” part of the attached drawing No. 20 square meters on the ground of “c” part of the attached drawing No. 2, and ③ part of the store owned by the Defendant (which appears to be part of the building indicated in the attached sheet No. 13, 18, 9, and 13, connected in order to each point of “b” part of the attached drawing No. 13, 12 square meters on the ground of “b” part of the attached drawing No. 13, 17, and 18.

C. The defendant Na

The part of the housing indicated in the paragraph is owned by owning a part of the building, commercial building, fireproof structure, and block fence, and among the above D land, ① Part 12 square meters in the ship connecting each point in order of indication 13, 18, 9, and 13 of the attached drawing Nos. 13, 13, 18, and 13 among the above D land; ② Part 39 square meters in the ship’s “cine” connecting each point in the attached drawing Nos. 18, 17, 16, 15, 8, 9, and 18; ③ Part 39 square meters in the ship’s “cine” connecting each point in order of indication 15, 6, 7, 8, and 15 of the attached drawing No. 15.

The defendant is against the above C land and E, the former owner of the above D land.

It paid KRW 1,500,000 per annum in return for possession of each part of the land described in the paragraph.

【Ground of recognition】 The fact that there is no dispute, Gap 1 through 6 evidence, Eul 1 evidence, and the result of this court’s appraisal and supplementary appraisal commission to appraiser F, the purport of the whole pleadings

2. According to the facts as to the cause of the claim, barring special circumstances, the defendant performed the obligation to eliminate interference based on ownership on the plaintiff 1-B, barring special circumstances.

The housing part, commercial building part, fireproof, and block fence mentioned in the port shall be demolished, and the plaintiff shall remove the above C land and the above D land, attached Form 1.

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