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(영문) 부산지방법원 2015.12.11 2015가단202892
건물 등 철거 등
Text

1. The Defendant, as well as KRW 28,306,00, and from July 22, 2015, shall be attached to the Plaintiff, among the land listed in the attached Table No. 1.

Reasons

1.The facts following the facts of recognition do not conflict between the parties, or may be acknowledged by taking into account the whole purport of arguments as a result of a request for surveying and appraisal to the Director of the Korean Land Information Corporation for the survey and appraisal of the Director of the Korean Land Information Corporation for the following reasons:

Attached Form

Land listed in paragraph (1) of the list (hereinafter referred to as “Plaintiff’s land”), land listed in Paragraph (2) of the same list (hereinafter referred to as “Defendant’s land”) and buildings listed in Paragraph (3) of the same list on that ground (hereinafter referred to as “instant building”) were owned by C.

B. From C, D, the Plaintiff’s spouse, purchased the Plaintiff’s land on June 5, 1997, and the Defendant purchased the Defendant’s land and the instant building on June 10, 1997, respectively, and completed the registration of ownership transfer on July 11, 1997, respectively.

C. However, at the time of the above registration of transfer of ownership, the building of this case was built by erosion of part (B) and part (2) of 66 square meters (hereinafter “the part of this case”) connected each point of the Plaintiff’s land in sequence with the indication of the attached drawing Nos. 7 through 14, and 7.

On the other hand, upon the death of D, the plaintiff inherited D alone and completed the registration of ownership transfer on May 19, 200.

2. Determination

A. According to the above facts of recognition as to the cause of removal and delivery, the defendant owned the building of this case and interferes with the plaintiff's exercise of ownership of the land of this case. Thus, barring any other special circumstances, the plaintiff is obligated to remove the part of the building of this case and deliver the part of the land of this case. 2) As to this, the defendant acquired legal superficies under the customary law for the ownership of the building of this case as to the land of this case under the common law for the ownership of the building of this case, and therefore, the defendant cannot comply with the plaintiff's request for removal and delivery. b) In light of the above facts of recognition, the defendant originally owned C.

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