(영문) 춘천지방법원영월지원 2015.07.15 2014가단3929

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(영문) 춘천지방법원영월지원 2015.07.15 2014가단3929

건물철거 및 토지인도

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1. The defendant shall be the plaintiff.

A. Of the size of 495 square meters in the Gangseo-gu Seoul Metropolitan Government, each point of the attached Form 13, 14, 15, 16, and 13 is indicated.

Reasons

1. Facts of recognition;

A. The same year on March 5, 1965 with respect to the land of this case, which is the 495 square meters (hereinafter referred to as the “instant land”) in Gangseo-gu, Gangwon-do.

2. The registration of transfer of ownership in the name of the Plaintiff was completed due to the trade in the name of the Plaintiff D (Death on October 7, 2008), and the registration of transfer of ownership in the name of the Plaintiff was completed due to the inheritance due to the consultation and division on October 7, 2014 on October 7, 2014.

B. The registration of ownership transfer in the name of the Defendant was completed on November 11, 2010 with respect to a wooden ground, splate roof, single-story detached house, 5.93 square meters and affiliated buildings (hereinafter “Gu building”) on the instant land, and the registration of ownership transfer in the name of the Defendant was completed on November 8, 2010.

C. After removing a building in around 2010, the Defendant newly constructed or installed a floor of 17 square meters in the part on board connected each point of 13, 14, 15, 16, and 13, among the instant land, in order to each point of 8, 9, 10, 17, 18, and 8, and 25, 26, 21, 22, 22, 23, 24, and 25, a building 26 square meters in the part on board connected each point of 26 square meters in order to each point of 19, 20, 21, 26, 25, 27, and 19, the Defendant continued to construct or install a floor of 5 square meters in the part on board connected each point of 19, 20, 26, 25, 27, and 19 (hereinafter “the instant building, etc.”).

[Ground of recognition] Unsatisfy facts, entry or video of Gap evidence 1 through 4 (including the number with each number; hereinafter the same shall apply), the result of on-site verification by this court, the result of the appraiser F's survey and appraisal, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant commenced possession of the land of this case from the time when he acquired ownership of the old building on the ground of the land of this case.

Therefore, the defendant occupies the land of this case without a legitimate title.

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