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(영문) 제주지방법원 2017.10.17 2017가단5616
토지인도등
Text

1. The claims of the plaintiff (appointed party) and the Appointed B are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. On September 6, 2012, neighboring construction Co., Ltd. (hereinafter “Nonindicted Company”) completed the registration of ownership transfer with respect to C miscellaneous land C, 380 square meters (hereinafter “instant land”).

B. The Plaintiff, etc. purchased each 1/2 of the instant land among the instant land and the instant land on March 6, 2015 and completed the registration of ownership transfer as to each 1/2 of the instant land among the instant land on March 6, 2015.

C. On December 28, 2010, the non-party company completed the registration of transfer of ownership on the instant building on December 10, 2010, with respect to the 300 square meters of the steel structure structure, string roof, one-story factory on the G’s ground (hereinafter “instant building”). The Defendant completed the registration of transfer of ownership on November 10, 2014.

On the other hand, part of the instant building is constructed by following the following: (a) the attached drawing indication 1 to 4; and (b) the part (A) to 50 square meters (hereinafter referred to as the “instant dispute area”); and (c) the part of the instant building constructed on the ground of the instant dispute area (hereinafter referred to as the “instant dispute building”) connected each point of 1 to 50 square meters in sequence among the instant land.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 7, 8-1 through 4, and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant, who owned the building of this case and occupied the site of this case, is obligated to remove the building of this case and deliver the site of this case to the plaintiff, etc. seeking the removal of interference and delivery as the owner of the site of this case, unless there are special circumstances.

3. Judgment on the defendant's defense of legal superficies under the customary law

A. The defendant has a legitimate right to possess the dispute of this case by acquiring legal superficies under customary law with respect to the dispute of this case.

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