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(영문) 제주지방법원 2019.06.13 2017가단60859
건물등철거
Text

1. The Defendant (Counterclaim Plaintiff) joint with the Plaintiff (Counterclaim Defendant)

A. The attached drawing shall be indicated among the area of 463 square meters in Jeju-si.

Reasons

We examine both the principal lawsuit and the counterclaim.

1. The Plaintiff acquired the ownership of the instant land on or around July 25, 2002; the part of the building without permission owned by the Defendants was installed on the ground surface “C” portion of the instant land, which connected each point of 1, 2, 3, and 11 in sequence, among the instant land; the Defendants’ stone fences are placed on the line connected each point of 8, 10, 11, and 4 in the attached land in sequence; the Defendants’ boundary of the above stone fence, occupied the part “B” on the instant land from March 23, 201 to the date of closing of argument; the Defendants did not appear to have occupied the same portion of the instant land from March 23, 2011 to October 22, 2018, or from March 23, 2011 to 30,500 to 305,50,500 or 37,000,000,000 won of the instant land from the date of closing of argument.

Therefore, barring special circumstances, the Defendants jointly remove a building installed on one square meter on the ground of “C” portion connected in order to each point of Section 1, 2, 3, and 1 of the attached drawings to the Plaintiff, and remove a stone fence attached in order to connect each point of Section 8, 10, 11, and 4 of the instant land among the instant land, and transfer the portion of “B” out of the instant land to the Plaintiff, and transfer the portion of “B” in the instant land, and as to the claim amounting to KRW 3,05,540, the following day on which the application for modification of the purport of the instant claim and the cause of the claim was served to the Defendants.

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