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(영문) 청주지방법원 2019.10.10 2018나1309
토지인도 등
Text

1. The plaintiff's claim that was changed in exchange in the trial is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. In full view of the entries in Gap evidence No. 2 (including paper numbers), the results of appraiser H’s survey and appraisal, and the purport of the entire pleadings as to the cause of the claim, the Plaintiff was divided into G land owned by Eul on February 8, 2017, as seen earlier.

(hereinafter) As to the instant land (hereinafter “instant land”), on March 23, 2017, the registration of ownership transfer was completed, and on the ground of 721 square meters (hereinafter “instant land owned by the Defendant”) located on the land owned by the Defendant, which is currently adjacent to the instant land, “B church” is located. While the instant church’s main building is located within the land owned by the Defendant, the said church’s main building is located within the solar cell roof warehouse, wning facilities and water storage, part of the entrance of the church (hereinafter “the instant erosion part” in total) located on the instant land, such as the attached appraisal map.

Therefore, barring any special circumstance, the Defendant is obligated to remove each part of the instant intrusion to the Plaintiff, deliver each land corresponding to the part of the instant intrusion out of the instant land, and return unjust enrichment equivalent to the rent from March 23, 2017, the date of acquisition of the Plaintiff’s ownership, to the date of completion of delivery of each of the instant land.

2. Judgment on the defendant's defense

A. After the construction of the “B church” in around 1993, the Defendant occupied and used the instant land as the entrances of the church pastors, depending on natural boundaries. In remodeling the instant land around 2007, the Defendant continued to occupy the instant land by installing a tea-raising facility and building entrance on the ground of the instant land.

As above, since the Defendant occupied the instant land for 20 years in peace and openly with the intent to own it, the prescriptive acquisition of the instant land was completed.

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