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(영문) 수원지방법원여주지원 2016.06.14 2015가단24425
건물등철거
Text

1. The Defendant shall, among the land size of 271 square meters prior to Ischeon-si B, take the following order: the attached appraisal maps are marked 5, e.g., c., 6, and 5

Reasons

In full view of the evidence Nos. 1 and 6, evidence Nos. 1 and 2-1, evidence Nos. 5, video of evidence Nos. 5, and the result of the survey and appraisal of evidence Nos. 5 on the Leecheon-si branch office of the Korea Land Information Corporation, the Plaintiff is the owner of the land B B prior to Leecheon-si, B (hereinafter “instant land”), the Defendant is the owner of the two-story factories of the steel frame structure, sandbow Location Team, sloping branch (hereinafter “instant building”), and the part of the instant building is situated in the instant land, and the land of this case is located in the location of the instant land. In full view of the purport of the entire pleadings, the fact that the part is three square meters in the ship connecting each of the items indicated e-mail, c., c.66, and e., the

Therefore, barring special circumstances, the Defendant is obligated to remove to the Plaintiff the two-story factories of the steel frame sand site 3m2 in the part on the ground of 3m2 of the attached Table No. 5, 3, 6, and 5m2 among the instant land, which are connected in turn to the Plaintiff, and to deliver threem2 in the part on the said ship to the Plaintiff.

As to this, the defendant asserted that he obtained the consent to occupy the land of this case from the former owner, but even if he obtained the consent from the former owner, such circumstance alone cannot oppose the defendant against the plaintiff who is the present owner of the land of this case. Thus, the defendant's above assertion cannot be accepted.

Therefore, the Defendant is obligated to remove, among the land in the instant case, the two-story factories of the 3㎡ of the girreg of the steel-frame sand site board, which connects each point of the (A) section of the said section to the Plaintiff, in sequence of indicated 5m2, 3m2, 66, and 5m2, and deliver the said section to the Plaintiff threem2 before the said section of the said

Thus, the plaintiff's claim of this case is accepted on the ground of the reasons.

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