(영문) 의정부지방법원 2014.11.18 2014가단109389

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(영문) 의정부지방법원 2014.11.18 2014가단109389

건물철거 및 토지인도 등

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1. Defendant B shall have a single-story 28.03 square meters of a house with a wooden tank 612 square meters above 612 square meters on the ground of Gyeonggi-gun D, Gyeonggi-do.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of 612 square meters prior to Gyeonggi-gun D (hereinafter “instant land”), and Defendant B is the owner of 28.03 square meters of the instant land, which connects each point of the attached Form 1, 2, 3, 4, 5, and 1 among the instant land in sequence, to the (A) part of the instant land, which is (a) the part of the instant land, which is located on the ground wooden roof 1, 2, 3, 4, 5

B. On the instant land, the part (D) of the ship connecting each point of the following points in sequence: (b) the light-frame structure of the light-frame structure, 10, 10, 11, and 7 of the attached Form No. 7, 8, 9, 10, 11, and 7, connected each point of the (c) part of the ground (B) part of the ship connected each point of 30 square meters of the light-frame structure, 10, 12, 13, and 9 of the attached Form No. 9, 10, 12, 13, and 9 shall be connected each point of 8 square meters of the ground pipe structure, pipe structure, 14, 15, 16, 17, and 14; and (d) part (d) above ground structure and pipe structure connected each point of 18, 19, 20, 21, 222, and 18.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Judgment on the parties' arguments

A. According to the facts of the above recognition of the claim against Defendant B, Defendant B is obligated to remove to the Plaintiff the 28.03 square meters of the house 28.03 square meters of the house 1, 2, 3, 4, 5, and 1 on the ground of 612 square meters of Gyeonggi-gun D, Gyeonggi-do, and to deliver part (A) on the ship connected in order to the Plaintiff among the above land.

B. (i) The plaintiff asserted against the defendant C, and the defendant C was found to have been recognized.

Since the structures described in paragraph (1) are occupied as the owner, the defendant C is obligated to remove the above structures and deliver the above land to the owner.

As to this, Defendant C is above B.

The structures stated in the port are not owned by Defendant C.

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