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(영문) 대전지방법원 2015.07.21 2015가단1793
건물철거 등
Text

1. The Defendant, among the land size of 181 square meters in Daejeon Jung-gu, Daejeon, indicated in the annexed drawing No. 1, 2, 3, 4, and 1 in sequence, shall be the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 21, 2014, the Plaintiff purchased 181 square meters in Jung-gu, Daejeon (hereinafter “instant land”) from D on October 21, 2014, and acquired ownership by completing the registration of ownership transfer on the instant land on October 24, 2014.

B. On December 23, 2014, the Defendant completed the registration of transfer of ownership as to the building on the walls, bricks, cement bricks, sloping roof, etc. (hereinafter “consecting building”) of Daejeon-gu, Daejeon-gu, Daejeon-gu (hereinafter “Adjoining land”) and neighboring land.

C. The adjoining building was constructed on the ground of part 6 square meters (2) in the ship (hereinafter “instant target real estate”) connected with each point of the instant land, beyond the boundary of neighboring land, in sequence with the indication 1, 2, 3, 4, and 1 of the annexed drawing among the instant land, and the instant target real estate was used as the site of the adjoining building, etc., and is in possession of the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 1 and 2, the result of the survey and appraisal conducted by the Vice Governor of the Korea Cadastral Corporation, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the plaintiff may claim the defendant who possessed an adjacent building constructed as the owner of the land of this case and thus infringes on the plaintiff's ownership by occupying the real estate of this case. The defendant is obligated to deliver to the plaintiff the real estate of this case which is the object of this case after removing the adjacent building on the ground of this case, unless there are special circumstances to the plaintiff.

3. The defendant's defense is determined by the court below, since the land adjacent to the land of this case is designated as a rearrangement project district as a non-conforming land, the location and area of which do not coincide with the public book, and thus some owners cannot claim removal, delivery, etc. against other owners until the procedure, such as a disposition of replotting, is taken place.

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