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(영문) 광주지방법원목포지원 2019.01.16 2018가단52830
건물철거 등
Text

1. The Plaintiff is not less than 72m2, Gyeongnam-gun, Namnam-gun, and

A. Defendant B shall have the respective points indicated in the Appendix No. 5, 6, 7, 4, and 5.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of 72m2 (hereinafter “instant land”) on D-road 72m2,00,000, Nam-do Eri-ri (hereinafter “Eri-ri”).

B. Defendant B owned a cement block structure warehouse on the instant land as the owner of F 27 square meters, etc. adjacent to the instant land (hereinafter “first warehouse”). A part of the said warehouse is located in the area of eight square meters in a ship, which connects each point of the attached Form No. 5, 6, 7, 4, and 5 among the instant land, in sequence, with the indication of the attached Form No. 5, 6, 7, 4, and 5

(hereinafter referred to as “a part”). (c)

Defendant C owns a steel-rein concrete structure warehouse on the instant land as the owner of G-type 198 square meters, etc. adjacent to the instant land (hereinafter “second warehouse”). Part of the said warehouse is located in the area of two square meters in a ship, which connects each point of the attached Form No. 9, 10, 3, 8, and 9 among the instant land, in sequence.

(hereinafter referred to as “bbol”). [The grounds for recognition] Defendant B: The fact that there is no dispute between Defendant C and Defendant C, the entry of evidence Nos. 1 through 4, the result of the request for surveying and appraisal of the remaining termination of the Korea Land Information Corporation, the purport of the entire pleadings, as a whole.

2. According to the facts of the determination on the cause of the claim, as the owner of the instant land, seeking the removal of interference based on the ownership, Defendant B is obligated to remove the warehouse on the ground of “A” in the first warehouse, and the said part of the land, and Defendant C is obligated to remove the warehouse on the ground of “B” in the second warehouse and deliver the said part of the land.

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

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