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(영문) 대전지방법원 서산지원 2017.03.21 2016가단204
건물철거 등
Text

1. The defendant shall be the plaintiff.

(a) Of the lands listed in Appendix 1 List 1, 3, and 4, and the lands listed in Appendix 1 List 2.

Reasons

1. Facts of recognition;

(a) The changes in the ownership of each land listed in the separate sheet No. 1 are listed as follows:

See Attached Table 1 Nos. 1, 1970 No. 1, 1970 No. 1, 1970, 6. 6. 6. 12, 2014. 6. 6. 11, 2015. 4. 4. 7. 1, 1995. 4. 7. 7. 1, 2001

B. The Defendant owns each building listed in the separate sheet No. 4 on each land listed in the separate sheet No. 1.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, the result of the commission of appraisal to the branch offices of the Korea Land Information Corporation by this court, the purport of the whole pleadings

2. According to the facts of the above recognition, the defendant, as the owner of each land listed in the separate sheet No. 1, has a duty to remove the waste stable on the ground and deliver the land to the plaintiff, as the owner of each land listed in the separate sheet No. 1

The defendant asserts that there is legal superficies over each land listed in the attached Table 1 list.

The fact that the Defendant was the owner of each parcel of land listed in the separate sheet No. 1, and the fact that the Defendant owned each building listed in the separate sheet No. 4 on each parcel of land listed in the separate sheet No. 1 is not a dispute between the parties. However, unless the Defendant proves that each building listed in the separate sheet No. 4 on each parcel of land listed in the separate sheet No. 1, or that the above building has a structure sufficient to evaluate it as an independent building, it is difficult to deem the Defendant to have legal superficies under the statutory superficies or customary law as to each parcel of

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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