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Reasons
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(영문) 대구지방법원영덕지원 2016.10.25 2015가단4318
건물등철거
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1. The Defendant: (a) is one of 506 square meters of forest C in Ulsan-gun, Ulsan-do; (b)

(a) An indication of the Map 1, 65, 13, 41, 42, 43, 44, 45, 46, 46;

Reasons

1. Facts of recognition;

A. On May 19, 2015, the Plaintiff completed the registration of ownership transfer made on March 23, 2015, with respect to the land of 506 square meters (hereinafter “instant real estate”) located in Ulsan-gun, Ulsan-do (hereinafter “instant real estate”).

B. The Defendant, among the instant real estate, occupies and uses the portion (i.e., 16, 15, 14, 65, 66, 67, 46, 47, 47, 67, 68, 69, 70, 71, 72, 73, 74, and 16 of the annexed drawing Nos. 176 and the same drawing Nos. 65, 13, 41, 42, 43, 44, 44, 45, 46, 67, 66, and 65 of the attached drawing Nos. 1 among the real estate in this case. In particular, the Defendant occupies and uses the portion (i.e., the land occupied in this case) connected to each of the items (i., the land occupied in this case), 103 square meters (i.e., the land owned in the same drawing No. 3, D, 68, 47, 46, and 97).

C. Meanwhile, the Defendant knowingly purchased approximately KRW 30 million, which is the site of the instant building, from D around May 2010, with the knowledge that the instant building violated part of the instant real estate.

[Ground of recognition] Unsatisfy facts, Gap 1, 2 evidence, Eul 2, 3, and 5 evidence (including paper numbers) or images; the result of the survey and appraisal entrusted to the director of the Ulsan branch of the Korea Land Information Corporation in this Court on November 18, 2015; the result of the inquiry and reply to the director of the Ulsan branch of the Korea Land Information Corporation in the Republic of Korea in this Court, the purport of the entire pleadings, as a whole.

2. According to the facts found in the judgment on the Plaintiff’s claim, the Defendant is obligated to deliver to the Plaintiff the remainder of the land occupied by the instant building except the site of the instant building.

The Plaintiff seeks removal of the building and delivery of the site as stated in the purport of the claim in excess of the site of the instant building among the land occupied by the Plaintiff.

However, the defendant purchased the land of the building existing among the land occupied by the defendant, and the plaintiff purchased it.

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