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(영문) 수원지방법원평택지원 2017.05.17 2016가단11610
토지인도 등
Text

1. The Defendant shall in the order of the Plaintiff each point of 1,2,3,4,8, and 1 of the attached survey appraisal sheet among the 28 square meters in Pyeongtaek-si Cro 28 square meters.

Reasons

1. Basic facts

A. On October 29, 2014, the Plaintiff acquired the ownership of land of Pyeongtaek-si Co., Ltd. 28 square meters (hereinafter “instant land”) through a compulsory auction on real estate (hereinafter “instant land”).

B. The Defendant owns a building and fence on the instant land and its neighboring land, Pyeongtaek-si D and E, and the status of the building installed on the ground of the instant land owned by the Plaintiff is 20 square meters in sequence, connected to each point of 1, 2, 3, 4, 8, and 1 of the attached survey appraisal map, and 20 square meters in the fence connected each point of 8,7 square meters in sequence, and (b) is located inside the fence installed by the Defendant.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, result of survey and appraisal conducted by appraiser F, purport of whole pleadings

2. If so, the Defendant is obligated to remove the building and fence constructed on the ground of the instant land owned by the Plaintiff and deliver the said land in possession to the Plaintiff, barring special circumstances.

In regard to this, the defendant argued that the plaintiff's request for removal and delivery of the building of this case caused the defendant's long-term residence and removal of the whole building of this case, and thus, it constitutes abuse of rights. However, the plaintiff's exercise of the right of exclusion from disturbance cannot be viewed as abuse of rights

3. Accordingly, the plaintiff's claim is reasonable.

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