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(영문) 의정부지방법원 2016.09.07 2015가단20865
건물철거 및 토지인도 등
Text

1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the separate sheet, each point indicated in the separate sheet No. 7, 10, 6, and 7;

Reasons

1. The Plaintiff, on May 14, 2014, purchased real estate listed in the separate sheet (hereinafter “instant real estate”) in the auction procedure for real estate rent, and completed the registration of ownership transfer.

The Defendant purchased a single-story house on the ground abutting on the southwest of the instant real estate from D on March 15, 2011 (hereinafter “instant house”) and completed the registration of ownership transfer in its name on April 1, 201.

Some of the instant housing units were built by breaking up the land of 4 m3 square meters (hereinafter “1 square meters”) connected in sequence to each point of 7, 10, 6, and 7 of the attached drawings among the instant real estate.

(The part of the crime committed above is referred to as “the part of the crime committed in this case.” The real property of this case contains iron pents (hereinafter “instant pents”) installed by the Defendant with the line connecting 8, 2, and 4 with the line connecting 8, 2, and 4 to the line indicated in the annexed drawing.

Of the instant real estate, the level of rent for the sum of “B” parts of “B” and “B” 188 square meters (hereinafter “B”) of the instant real estate, which are linked in sequence to each point of land No. 1 and attached drawings No. 2, 3, 4, 5, 6, 10, 7, 8, and 2, shall be as follows:

On May 15, 2014, to May 14, 2015, KRW 19,520, KRW 15,520, May 15, 2015, to May 234, 2015, KRW 164,370, KRW 19,840 from January 21, 2016 to KRW 398,610 [Grounds for Recognition] of absence of dispute, as a result of the on-site verification conducted by this court, as a result of the on-site verification conducted by this court for appraiser E, the result of the request for the survey and appraisal conducted by the Korea Land Information Corporation for the survey and appraisal conducted by this court for appraiser E, the purport of the entire pleadings as a whole.

2. Determination

A. According to the facts found in the judgment on the removal of the ground of the first land and the request for the delivery of the land, the Defendant possessed the first land through the ownership of the instant house. Thus, barring any special circumstance, the Defendant, the owner of the instant real estate, is obligated to remove the part of the instant intrusion on the ground of the instant land and deliver the first land to the Plaintiff.

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