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(영문) 수원지방법원여주지원 2016.05.04 2014가단10368
건물등철거
Text

1. The defendant shall be the plaintiff.

A. Of the 336 square meters in Gyeonggi-do, each point is indicated in the attached Form 2, 3, 4, 12, and 2.

Reasons

1. Basic facts

A. On August 24, 2011, the Plaintiff purchased from the co-owners D, E, and F, the Gyeonggi-gun C large 336 square meters (hereinafter “instant land”) and completed the registration of the transfer of co-owner’s share under the receipt of receipt No. 43204 on October 5, 201.

B. The Defendant resides in the instant land and the adjoining land without permission (hereinafter “instant building”), and part of the instant building is located on the ground of 23 square meters in part of each of the instant land connected with each of the points of 2,3,4,12, and 2 in sequence, among the instant land.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, result of a request for surveying and appraisal by the Korea Cadastral Corporation and the Korean Cadastral Corporation, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of claim, the defendant is legally or practically in a position to dispose of the building of this case, and the defendant is obligated to remove the building of this case on the ground of this case among the land of this case and deliver the corresponding part among the land of this case to the plaintiff seeking the removal of interference, unless there are special circumstances.

3. The defendant's assertion and judgment

A. The defendant asserts that the building of this case was approved by the owner of this case at the time of the new construction, or that the building of this case was newly constructed without knowledge that it violated the land of this case, and that the building of this case was used in the corresponding part of the land of this case due to peaceful performance line and duty negligence, and that the defendant acquired by prescription or succeeded to the right to use the land of this case.

First of all, as to the assertion that the superficies has been acquired by prescription, the acquisition by prescription of superficies for the possession of a structure on the land of another person is the acquisition.

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