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(영문) 창원지방법원통영지원 2017.10.18 2017가단3962
건물철거 및 토지인도
Text

1. The Defendant: (a) out of the total area of 316 square meters in Gyeongnam-gun, Chungcheongnam-gun, and 588 square meters in the same D warehouse site to the Plaintiff;

A. The separate sheet No. 1, 2, 3.

Reasons

In addition to the whole purport of the pleadings in the statement in Gap evidence Nos. 1 through 3, the plaintiff can be recognized as holding a warehouse on the part of the plaintiff's real estate (hereinafter "real estate of this case"), which connects each point of (a) part of the ship connecting each point of (a) and 4, 5, 6, 7, 8, and 4 in sequence of the annexed drawing Nos. 1, 2, 3, 3, and 588 square meters among the real estate owned by the plaintiff of this case (hereinafter "real estate of this case"), among the real estate owned by the plaintiff of this case.

Therefore, barring special circumstances, the Defendant is obligated to remove the above ground buildings on the instant real estate and deliver the instant real estate to the Plaintiff.

In this regard, the defendant asserts to the effect that the lawsuit of this case is unfair since he occupy the real estate in a peaceful manner for 40 years.

However, in light of the relationship between the parties and the overall purport of the evidence and pleading, the ownership of neighboring real estate, the relationship between the owners, and the dispute over which the instant real estate was long-term, etc., it is difficult to deem that the Defendant is presumed to possess the instant real estate in peace and openly as its owner

(A) The Defendant’s assertion is not accepted, as such, at the date of pleading of the instant case.

Thus, the plaintiff's claim of this case is accepted.

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