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(영문) 수원지방법원여주지원 2016.04.27 2015가단23569
건물등철거
Text

1. The Defendant points out to the Plaintiffs each of whom indicated in the attached Form 7, 8, 9, 10, 7 on the ground of Gyeonggi-gun G 548 square meters.

Reasons

1. Basic facts

A. On June 1, 1997, the Plaintiffs completed the registration of ownership transfer under No. 27451, Jul. 24, 2007, with respect to each of the instant shares of 182/1547, among the land of Gyeonggi-gu G-gun (hereinafter “instant land”).

B. Around June 2015, the Defendant newly constructed and owned a building over the instant land and its neighboring land (hereinafter “instant building”). Of the instant building, part of the instant building is located on the ground of 6 square meters in the instant land (hereinafter “the pertinent part of the instant land”) connected each point of the attached Form 7, 8, 9, 10, and 7 in sequence, among the instant land.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, result of the appraisal commission to the two parallel branch offices of the Korea Land Information Corporation, purport of the whole pleadings

2. According to the facts of the above recognition, the defendant owned the building of this case located in the corresponding part of the land of this case and occupied the corresponding part of the land of this case, thereby hindering the plaintiffs from exercising their right to ownership, and the plaintiffs can seek a removal of interference with the act of preserving common property as part of the land of this case. Thus, barring any special circumstance, the defendant is obligated to remove the part of the building of this case located on the ground of the corresponding part of the land of this case from

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiffs' claim of this case is reasonable.

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