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(영문) 청주지방법원 제천지원 2021.03.03 2020가단1284
건물철거 등
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The Plaintiff filed a claim is the owner of Chocheon-si C Dae-si 916 square meters (hereinafter “instant land”). The Defendant is the owner of the instant land indicated on the attached Table (hereinafter “instant building”) on the ground.

Since the Defendant did not have the title to occupy the instant land, it is obligated to remove the instant building to the Plaintiff.

2. In full view of the evidence evidence Nos. 1 and 2 as well as the purport of the entire pleadings, the fact that the Plaintiff owned the instant land and the fact that the instant building exists on the ground of the instant land is recognized.

However, there is no evidence to prove that the Defendant is the owner of the instant building (in the building ledger of the instant building, its owner is stated D). Accordingly, the Plaintiff’s claim based on the premise that the Defendant is the owner of the instant building cannot be accepted.

3. The plaintiff's claim for conclusion is dismissed as it is without merit. It is so decided as per Disposition.

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