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(영문) 의정부지방법원 고양지원 2021.01.22 2019가단85467
토지인도 등 청구의 소
Text

The Plaintiff

A. Defendant B shall remove each of the buildings listed in attached Table 1-B No. 2-B, and set forth in attached Table 1-A of the same list.

Reasons

1. Determination as to the cause of claim

A. On January 10, 1990, the Plaintiff completed the registration of ownership transfer on February 28, 1982 with respect to 16/92 shares of 16/3,068 square meters (hereinafter “instant land”).

2) The Defendants were either newly constructing a building on the ground of the instant land or residing in a newly constructed building, and specific usage relationship is as follows.

A) Defendant B newly constructed each building on each of the lands listed in attached Table 2-A. 2-B of the attached Table 1 attached hereto, and used the said land as the site for the said building.

B) Defendant C newly constructed each of the buildings listed in Section 3-B of the attached Table 3-A of the attached Table 1 on each of the lands listed in Section 3-B of the same Table, and used the above land as the site for the above building, and Defendant D currently resides in the above building.

C) Defendant E newly constructs each building on the land listed in attached Table 4-A. 4-B of the same Table on the land listed in attached Table 1-A, and uses the said land as the site for the above building, and Defendant F is currently residing in the above building.

D) Defendant G newly constructed each building on the land listed in attached Table 1-A. 5-B. 5-B of the same Table on each land listed in attached Table 1-A, and used the said land as the site for the said building.

E) Defendant H newly constructed each building on the land listed in attached Table 6-A. 6-b. of the same Table on each land listed in attached Table 1-A. 6-B, and used the said land as the site for the said building.

[Grounds for Recognition] Unsatisfy, entry in Gap evidence Nos. 1 through 3 (including both house numbers), the purport of the whole pleadings

B. Determination 1) Since a building cannot generally exist regardless of its site, the owner of the building occupies the land, which is the site of the building.

may be seen.

In this case, even if the owner of a building does not possess the building or site in reality, he/she shall be deemed to possess the site for the ownership of the building (Supreme Court Decision 201Da1548, Jan. 25, 2017

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