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(영문) 수원지방법원여주지원 2019.07.11 2018가단2648
건물 등 철거 및 토지인도
Text

1. The defendant shall be the plaintiff.

A. Of the land size 29470 square meters of C forest land in Sju-si, indication 157, 158, 159, 160, 161, 162, 163.

Reasons

1. Facts of recognition;

A. On April 8, 1996, the Plaintiff completed the registration of transfer of ownership by inheritance due to a division of consultation held on June 8, 1994 with respect to one-third share of C Forest 29470 square meters (hereinafter “instant land”).

B. From around 1982 to now, the Defendant, from around 1982, owns in fact each of the above parts of the building on the ground of 107 square meters indicated in the attached appraisal drawing indicating “A”, “B,” a 18 square meters ground container building on the ground of 18 square meters in the part, “C,” and a 26 square meters ground building on the part of 50 square meters in the part of “D,” and “ma” (hereinafter referred to as “each of the above parts on the instant land”), occupied and used each of the above parts as the site of each of the above buildings and vinyls.

In addition, while cultivating crops (hereinafter “the instant crops”) on the land of this case on the land of this case, the Defendant occupied and used the part of (b) and 1291 square meters in part of (b) of the instant land (hereinafter “the instant land”) on the ground of 1291 square meters in the attached land.

C. The sum of annual rents with no deposit from January 1, 2010 to December 31, 2018 for the portion 1/3 of the instant land and the portion 1/3 of the instant land is equivalent to KRW 16,289,000, and the annual rent is equivalent to KRW 2,16,000 from January 1, 2019 to December 31, 2019.

[Evidence Evidence: Evidence Nos. 1 through 7 (including paper numbers; hereinafter the same shall apply)

(ii)each entry in Eul evidence No. 3, the result of the request for surveying and appraisal to the female branch offices of the Korea Land Information Corporation, the result of the request for surveying and appraisal to the appraiser D by this court, and the purport of the entire pleadings

2. Judgment on the parties' arguments

A. According to the above facts as to the cause of the claim, barring special circumstances where the defendant has a legitimate title to possess the land of this case, the defendant, as the co-ownership owner of the land of this case, shall exclude or preserve the disturbance of the land of this case.

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