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(영문) 의정부지방법원고양지원 2014.09.25 2014가단4876
건물철거등
Text

1. The defendant shall be the plaintiff.

A. Each indication 1, 2, 3, 4, 5, 6, and 1 of the attached Form 1, 2, 4, 5, 6, 1 on the ground of 1,686 square meters of land in Gyeyang-gu, Yangyang-gu.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who completed the registration of ownership transfer on June 17, 2013 with respect to the portion of 1/2 out of 1,686 square meters of farmland C in Gyeyang-gu, Gyeyang-gu (hereinafter “instant forest”).

B. The Defendant is the owner of Goyang-gu D. D. 118 square meters, E. 246 square meters, and 9.16 square meters of a brick structure and a branch of each of the above lands, which is located adjacent to the instant forest, and of 24.9 square meters of cement bricks, one story attached to cement bricks, and 7.68 square meters of an underground room.

C. The above B.

In the case of paragraph (a) of this case, housing and annexed buildings were extended after construction in around 1985. Since each of the above buildings is located on the forest of this case, concrete and assembly appurtenant buildings on the ground of section 1, 2, 3, 4, 5, 6, and 1 of the annexed drawings (hereinafter “land of this case”) that connect each of the above buildings with 7, 8, 9, 10, 11, 12, 13, 14, and 7 of the same drawings as the brick building housing on the ground of the annexed drawings, each of which is located above 1, 2, 3, 4, 5, 6, 16, are located on each of the above buildings.

[Ground of recognition] Unsatisfy, Gap evidence 1 and 2 (including additional numbers), Eul evidence 1, Eul evidence 1, the result of a request for surveying and appraisal to the Goyang-si branch of the Korea Cadastral Corporation, the purport of the entire pleadings

2. According to the above facts of determination as to the cause of claim, the defendant without title recognized that the house of brick building on the ground of the instant item (a), and the house of concrete and assembly-type building on the ground of the instant item (b) above the land of this case are owned respectively, and thus, it infringes on the plaintiff's joint ownership as to the forest of this case. Thus, the plaintiff is obligated to remove the above house on the ground of the instant item (a) above the land of this case and the building of this case (b) above the ground of this case, and deliver

3. The defendant's assertion and judgment

A. The defendant only demanded the plaintiff to pay the land rent to the original defendant, the forest of this case is designated as a development restriction zone, and the land D and E owned by the defendant is intellectually inconsistent.

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