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(영문) 부산지방법원 2018.06.20 2017나2646
건물철거등
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claims against the defendants are all dismissed.

3. The defendants are the defendants.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "The plaintiff successor shall complete the registration of ownership transfer for the land of this case on August 16, 2017, for which the trust property belongs as of August 16, 2017" in the latter part of the 11th judgment of the court of first instance; and "the ground for recognition" in the 19th judgment of the court of first instance shall be added to "the evidence No. 11," the result of the measurement and appraisal entrusted to the Vice-Governor of the Korea Land Information Corporation and Busan Metropolitan City Vice-Governor of the court of first instance," and the judgment of the court of first instance shall be used as follows; except for addition of the judgment as referred to in the 2nd judgment of the court of first instance and the court of first instance as to the matters alleged by the defendants in the 1nd judgment, they shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act. The judgment of the first instance shall be cited as follows:

2. Determination as to the assertion by the Plaintiff and the Intervenor

A. According to the judgment on the Plaintiff’s assertion, the Plaintiff completed the registration of ownership transfer with respect to the instant land A to the Plaintiff’s succeeding Intervenor, and thus, the Plaintiff’s claim for removal and delivery based on ownership is without merit.

B. According to the facts of the judgment as to the cause of the claim by the Plaintiff’s succeeding intervenor, the Defendants are obligated to remove to the Plaintiff’s succeeding intervenor the parts on the ship (A) part 12.9 square meters connected in the order of 10, 11, 12, 13, 14, and 10 of the attached drawing among the land A of this case and the parts on the building (B) part 14, 13, 12, 15, and 14 of the attached drawing in the order of 12.9 square meters among the land A of this case and the parts on the building (B) part 9.1 square meters connected to the Plaintiff’s succeeding intervenor, and to remove three septic tanks installed underground in the part of the attached drawing “san Man” of the land of this case, for which the Plaintiff’s succeeding intervenor sought.

Part 4 to 20 of the first instance court's decision

A. In a case where possession is successively succeeded, the person who asserts the completion of the acquisition by prescription shall only possess his own possession.

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