logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2018.02.06 2017가단33403
건물철거 등
Text

1. The Defendant connects the Plaintiff with each point of the attached Table 1, 2, 3, 4, and 1, among the land size of 268 square meters in Gangseo-si, Gangnam-si.

Reasons

1. Basic facts

A. On May 23, 2017, the Plaintiff acquired the Plaintiff’s ownership of 298m2 (hereinafter “Plaintiff’s land”). The Defendant is the Plaintiff’s owner of D large 105m2 and E large 167m2 in the vicinity of the Plaintiff’s land (hereinafter “Defendant’s land”).

B. In the part (A) of the Plaintiff’s land connected with each point of 1, 2, 3, 4, and 1 in sequence, the apartment building owned by the Defendant is located on the ground of 5m2 of the attached drawing, which connects each point of 5m2, 5, 6, 7, 8, and 5m2 on the ground of 6m2 of the same drawing.

[Reasons for Recognition] In the absence of dispute, each entry of Gap evidence 1-2, 3-2, 4-1, 5, 6, 7-1, 2, and Eul evidence 1 through 6 (including additional evidence), the result of the on-site verification by this court, the result of the survey and appraisal of the Korea Land Information Corporation, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to remove the ground buildings on the part (a) of the plaintiff's land and the above-ground assembly-type building on the part (b) above the plaintiff's land and deliver the above land to the plaintiff.

B. The Defendant’s assertion and judgment 1) asserted that the Defendant occupied the part occupied by the Defendant for more than 10 years in a peaceful performance with the intent to own the part occupied by the Defendant and acquired prescription. 2) The Defendant newly constructed a reinforced concrete structure slab house on the land owned by the Defendant on September 15, 2004 and completed registration of preservation of ownership on the land owned by the Defendant, and the part of the house is located on the part of the Plaintiff’s land inside the Plaintiff’s land. The Defendant’s land D’s land was newly built on around 1953 by the Defendant’s father F in around 1953, and part of the house was located on the part of the Plaintiff’s land inside the part

According to the above facts, 20 years have not passed since the prescriptive acquisition period for the part (B) on the ship, and 20 years have not passed since the part (A) on the ship.

arrow