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(영문) 전주지방법원정읍지원 2020.10.06 2019가단1723
건물철거 및 토지인도 등
Text

Defendant B’s share 3/17, Defendant C, D, E, F, G, H, and I’s share in 2/17, respectively, shall be as specified in attached Table 1.

Reasons

The Plaintiff filed a claim for removal of a building and delivery of land (hereinafter “Plaintiff’s land”) owns 962 square meters in JJJ-gun, Changwon-gun, Chungcheongnam-gun (hereinafter “Seoul”) (Evidence No. 2-2), and the toilets and fences shared by the Defendants are installed on the part of the annexed drawing No. 1 (b) and (c). Accordingly, the Defendants occupied the part of the annexed drawing No. 1 (b) and (c) among the Plaintiff’s land (written appraisal February 6, 2020), and the head of the building jointly owned by the Defendants, as shown in the annexed Form No. 2 “A”, is against the Plaintiff’s land.

(2) The Defendants are obligated to remove the ground toilets, fences, and brine in the attached Form 1(b) and the part brine in the attached Form 2(b) according to their shares in co-ownership, and to deliver the land in the attached Form 1(b) and (c) above to the Plaintiff.

The part of the Plaintiff’s land possessed by the Defendant is “the part of the land in question.”

As to this, the defendants are "the net" hereinafter referred to as "the net.

() Although the Plaintiff asserted that the prescriptive acquisition has been completed by occupying the instant erosion land for twenty (20) years from May 3, 1993, the photograph No. 3 cannot be known as the date of the acquisition. The witness M’s testimony is believed, and there is no other evidence to prove that the deceased occupied the said land for twenty (20) years from May 3, 1993. Furthermore, as alleged by the Defendants, even if the deceased occupied the said land for twenty (20) years, the prescriptive acquisition is completed on May 3, 2013. The Plaintiff acquired the ownership of the Plaintiff’s land on April 4, 2018, and thus, the Defendants cannot stand against the Plaintiff upon the completion of the prescriptive acquisition (Supreme Court Decision 89Meu1305 Decided April 9, 191), even if the Plaintiff acquired the Plaintiff’s land with knowledge of the completion of the prescriptive acquisition, this is likewise applicable to the Plaintiff’s land owner and the Plaintiff’s land acquired on April 63, 1963.

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