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(영문) 창원지방법원 마산지원 2018.10.16 2017가단4914
건물철거
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Since the instant building owned by the Defendant, the gist of the Plaintiff’s assertion, infringes on the instant land owned by the Plaintiff, the Plaintiff seeking removal of the said building and return of unjust enrichment.

2. According to the results of the fact-finding on Gap evidence Nos. 1-3 and Eul evidence Nos. 1-4 (including paper numbers), and the fact-finding on the Director General of the Korea Land Information Corporation in this Court, the defendant can recognize the fact that the defendant owns the defendant's possession of 354 square meters and the above buildings (a prefabricated-type religious assembly hall of one-story roof) adjacent to the land in this case.

However, it is difficult to recognize that the Plaintiff did not have objective data to specify the location, area, etc. of the instant building, and thus, it is difficult to recognize that the building violated the instant land. Therefore, the Plaintiff’s above assertion cannot be accepted without need to further examine.

3. The plaintiff's claim for conclusion is dismissed for all reasons.

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