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(영문) 대전지방법원공주지원 2020.11.26 2020가단20783
건물등철거
Text

The Defendant, as the Plaintiff

A. The attached appraisal marks 15 to 18, and 15, among the land size of 426 square meters in the city of public housing in the order of each point.

Reasons

1. Facts of recognition;

A. On October 29, 2018, the Plaintiff: (a) received a successful bid for the public sale conducted by the Korea Asset Management Corporation on a public sale, and acquired ownership by paying the proceeds from the sale; and (b) completed the registration of ownership transfer on November 6, 2018.

B. The Defendant is an owner of 357 square meters adjacent to the instant land, and the Defendant, among the instant land, installed a wooden box warehouse (hereinafter “instant warehouse”) on the part of the line, which connects each point of 15 through 18, and 15 square meters in sequence, to the part of the line, which connects each point of 19 through 21 of the indication 19 through 21, and the cement structure (hereinafter “instant structure”) on the part of the line, which connects each point of 3,12, 13, 14, and 5 of the said appraisal map, installed a wall (hereinafter “instant wall”) on the line, which connects each point of 3,4,5,14, 13, 12, and 3 of the said appraisal map to each point of 3,4, 14, 13, 12, and 3 in sequence.

[Reasons for Recognition] Fact that there is no dispute, the entries or images of evidence A1 through A5, the court's entrustment of surveying appraisal of the Korea Land Information Corporation, and the result of entrustment of surveying appraisal and supplementation of the appraisal, the purport of whole pleadings

2. Assertion and determination

A. Comprehensively taking account of the above facts acknowledged as to the cause of the claim, the Defendant, as the owner of the instant land, has the duty to remove the warehouse, structure, and fence, and deliver the instant land parts, and return the amount of unjust enrichment equivalent to the rent from the date the Plaintiff acquired the ownership of the instant land to the date the delivery of the instant land is completed, barring special circumstances.

B. The defendant's assertion is alleged to the purport that the defendant may deliver the part where the boundary of the land of this case is obstructed, but there is no obligation to respond to the removal of the warehouse, structure, and fence of this case. However, as seen earlier.

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