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(영문) 부산지방법원 2017.01.17 2016가단5647
건물철거 등
Text

1. The Plaintiff (Counterclaim Defendant) indicated the attached sheet No. 1, 2, 22, 29.29 on the attached sheet No. 1, 2, 29.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On August 28, 1987, the Plaintiff acquired ownership of 585 square meters in Geum-gu, Busan (hereinafter “C land”).

B. Meanwhile, around October 29, 1969, the Defendant purchased 3 houses and standing timber on the ground, together with D’s housing units and 3,21 square meters adjacent to D’s northwest-gu, Busan (hereinafter “E land”), and completed the registration of ownership transfer on E’s land on November 21, 1969.

C. The Defendant had a fence installed on the line that connects each point of 26,24 of the attached sheet No. 26, 24 among the land in C before acquiring E’s ownership. On the line that connects each point of 25,26 of the attached sheet No. 25, and 26 connected with the above wall No. 1,22, 29, 28, 27, 26, 25, and 1 of the attached sheet No. 1 among the land in C located on the north side with the boundary of the aforementioned fence No. 1,2, 22, 29, 29, 28, 27, 27, 28, 29, 30, 23, 24, and 26, the Defendant used the part No. 4 square meters in the attached sheet No. 26, 26, 27, 29, 29, 23, 24, and 26.

[hereinafter] The land in parts of the above (b), (c), (d) is referred to as the "land in dispute in this case"] / [based on recognition] Gap evidence 1 through 5 (including paper numbers), Eul evidence 1-3, 3-1, 3-5, video and the purport of the whole pleadings.

2. Determination as to the principal lawsuit and the counterclaim

A. The Plaintiff’s assertion is the cause of the principal claim, and the Defendant without permission occupies the land in the dispute of this case owned by the Plaintiff, and seek against the Defendant some of the houses above ground, the removal of toilets, and the return of unjust enrichment equivalent to the transfer and rent of the land in the dispute of this case.

In this regard, the defendant shall purchase a house on the ground along with the land E with the fence, etc. on the boundary of the fence, etc.

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