logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.02.26 2014가단29977
건물등철거
Text

1. The Defendant indicated in the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, on the part of the Plaintiff’s succeeding intervenor among the area of 915 square meters in Busan Dong-gu D Forest.

Reasons

Basic Facts

E on November 25, 1967, on which he acquired ownership by completing the registration of ownership transfer under his own name with respect to the instant forest land D 915 square meters (hereinafter “the instant forest”). On April 2, 2002, the Plaintiff (hereinafter “Plaintiff”) (hereinafter “Plaintiff”) completed the registration of ownership transfer with respect to the instant forest land under his own name.

Plaintiff

On December 26, 2013, 2013, the succeeding intervenor B (hereinafter referred to as “ Intervenor”) entered into a sales contract with the Plaintiff on forest land of this case, and acquired ownership by completing the registration of ownership transfer under the name of the Intervenor on April 25, 2014.

Around 1976, the Defendant built a block structure (hereinafter “instant building”) on the ground of part 29 square meters inboard connecting each point of the annexed drawings Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 1 among the forest land of this case, and continuously occupied the Defendant’s forest land by owning the instant building from around that time.

[Based on the facts without dispute, Gap's evidence Nos. 1, 2, 4, 5, Eul evidence Nos. 2 and 3 (including additional numbers), the result of the Korea Cadastral Survey and Appraisal by the Korea Cadastral Survey Corporation, and the facts of the above recognition as to the ground for claim of the overall purport of the pleadings, barring special circumstances, the defendant, the owner of the building of this case constructed on the forest of this case, is obligated to remove the building of this case to the plaintiff, the owner of the forest of this case, and return the forest of this case

According to the facts acknowledged prior to the determination of the Defendant’s defense of the completion of the prescriptive acquisition period by the Defendant’s assertion, the Defendant may recognize the possession of the Defendant’s forest for at least 20 years from 1976 to 20 years. According to Article 197(1) of the Civil Act, the above possession of the Defendant is presumed to have been occupied in good faith, peace, and public performance. Thus, barring any special circumstance, 20 years from the commencement

arrow