(영문) 대전지방법원천안지원 2014.02.21 2012가단24404

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(영문) 대전지방법원천안지원 2014.02.21 2012가단24404

건물등철거 및 토지인도

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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. Annex 1, 2, 3.2 of the annexed drawings among the 2,287m2,000 m2,000 m3.

Reasons

1. Determination as to the cause of the principal claim

A. 1) The Plaintiff is deemed to be the Plaintiff’s land 2,287 square meters in ASEAN-si (hereinafter “instant land 1”).

2) The Defendant is the owner of the instant land, and the Defendant is the owner of the instant land and the Defendant is the owner of the instant land 314 square meters adjacent to the instant land (hereinafter “instant land 2”).

2) The term “land of this case” and “land of this case 506 square meters before E” (hereinafter “instant land”).

(2) The Defendant is the owner of the instant land. 2) The Defendant owned the instant housing built on the instant land No. 2 (hereinafter “instant housing”). Among them, the (i) part of the building in the line connected each point of (ii) No. 1, 2, 3, 4, 7, and 1 in the order of indication of the drawing No. 1, 4, 12, 13, 14 and 8, the area of (ii) the boiler room in the line connected each point of (iii) the building No. 5 square meters and the same drawing No. 7, 4, 5, 6, and 7 in the order of each point of (iv) the building No. 1, 7, and 100 square meters connected each point of (c) part of the said line, which are linked each point of (iv) the Defendant’s ownership, is located in the area of the instant land No. 8,9, 13, 14, and 8 in order of indication of the drawing No. 1, (e. 7).

(2) The grounds for recognition are as follows: (a) there is no dispute between the parties concerned; (b) evidence No. 1-2 and evidence No. 4-3; (c) the result of the commission of surveying and appraisal to A mountainous district companies in Korea Cadastral Corporation; and (d) the purport of the entire pleadings.

B. According to the above facts of recognition, the defendant owned the building of this case and interferes with the use of the land of this case owned by the plaintiff. Thus, the defendant is obligated to remove the building of this case to the plaintiff and deliver the part of the land on which the building is located, except in extenuating circumstances.

2. Determination on the Defendant’s prescriptive acquisition defense and counterclaim

A. The defendant's assertion around 1956 purchased the land No. 2 and the warehouse of this case from F. The outer wall of the warehouse of this case.

유사 판례

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