logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2020.01.16 2018가단10470
건물철거 및 토지인도
Text

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

A. Attached 2 Map 5, 6, 12.2 among the 351m2 in Jincheon-gun, Jincheon-gun, Chungcheongnam-gun, Chungcheongnam-do.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On May 2, 2016, the Plaintiff completed the registration of ownership transfer with respect to the land of 351 square meters (hereinafter “Plaintiff’s land”) in Jincheon-gun, Jincheon-gun, Chungcheongnam-do, and the Defendant is the owner of D large scale 793 square meters adjacent thereto (hereinafter “Defendant’s land”). The location and status of each land are as shown in attached Table 1.

B. The Defendant, among the Plaintiff’s land, installed a fence on the ground of 9 square meters on the part (B) part (hereinafter “Defendant bed part”) (hereinafter “Defendant bed part”) which connects each point of 5, 6, 12, 11, 10, and 5 of the attached drawing Nos. 2 to the Plaintiff’s land, and the Plaintiff, among the Defendant’s land, uses the part (b) in the ship connecting each point of 6, 7, 11, 10, and 6 of the attached drawing Nos. 3 as a passage, and occupies each part of the above bed part.

C. During the period from May 2, 2016 to May 1, 2019, the Plaintiff acquired the ownership of the Plaintiff’s land, the sum of the rent of KRW 108,270 was assessed as the sum of the rent for the Defendant’s crime part (3,500 won on or around May 2, 2019) and the rent for the part of the Plaintiff’s crime part was assessed as the sum of KRW 18,660 (the monthly rent was KRW 630 on or around May 2, 2019).

[Ground of recognition] The absence of dispute, each entry of Gap 1 through 5 (including where there is a serial number), each appraisal commission and inquiry reply to the Jincheon branch of the Korea Land Information Corporation in this court, each appraisal commission and inquiry inquiry reply to the Jincheon branch of the court, the result of the appraisal commission of the market price to the E-K branch of the Kinbuk branch and the F intebuk branch of the Kinbuk branch of the

2. According to the facts of the judgment as to the cause of the claim, the defendant is found to possess the part of the defendant's intrusion among the plaintiff's land and the plaintiff's possession without title. Thus, the defendant is obligated to remove the part of the defendant's intrusion part on the ground and deliver the part of the land to the plaintiff, barring special circumstances. The plaintiff is obligated to deliver the part of the plaintiff's intrusion to the defendant.

In addition, after the Plaintiff owned the land, the Plaintiff and the Defendant do not have any legal ground.

arrow