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(영문) 춘천지방법원속초지원 2020.01.10 2019가단427
건물철거 및 토지인도
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) are dismissed.

2. The plaintiff (Counterclaim defendant) shall be the opposing defendant.

Reasons

1. Basic facts

A. On September 4, 1993, the Plaintiff completed the registration of transfer of ownership with respect to G Daeyang-gun Hri (hereinafter “Hri”) G large 61 square meters (hereinafter “Plaintiff’s land”).

B. B, on December 30, 1992, purchased 1,57 square meters adjacent to the instant land from Yangyang-gun, and the unregistered buildings thereon (the date of approval for use is registered in the building ledger, and the date of approval for use is January 30, 1992; hereinafter “Defendant building”) together, and completed the registration of ownership transfer on the relevant land on November 12, 1993.

C. The Defendant’s building intrudes on the part of 6 square meters in a ship (i) connected with each point of 1,2,3,4,1 of the instant land in sequence, among the instant land (hereinafter “(i) land”), and its location has not been changed from December 30, 1992 to that day.

(See the third protocol of pleading).

B died on July 25, 2019, during which the instant lawsuit was pending, and as its inheritor, Defendant D, E, and F comprehensively succeeded to B’s property rights and duties according to the ratio of respective inheritance shares listed in the separate sheet.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 2 to 7 (including provisional number), the purport of the whole pleadings

2. The parties' assertion

A. The Defendants of the Plaintiff’s main claim, through the Defendant’s building, interfere with the Plaintiff’s exercise of ownership over the said land by occupying the land set forth in (a). As such, the Plaintiff is obligated to remove the part on the ground set forth in (a) of the Defendant’s building and deliver (a) the land

B. The Defendants succeeded to the possession of B and possessed the land (i) through the Defendant’s building for over twenty (20) years from December 30, 1992.

Therefore, the Plaintiff’s acquisition by prescription of possession on December 30, 2012, which was 20 years from December 30, 1992, based on each of the pertinent inheritance shares listed in the separate sheet as to the land (i) by the Defendants.

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