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(영문) 수원지방법원 여주지원 2018.04.26 2017가단7349
건물철거및토지인도
Text

1. The Defendant connects the Plaintiff with each point of the attached Form 1, 2, 3, 4, and 1, among the land size of 1,201 square meters prior to Echeon-si.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of 1,201 square meters (hereinafter “instant land”) prior to Echeon-si.

B. On the boundary line of the instant land and D. D. 1,286 square meters adjacent to the instant land, the block structure structure and the branch roof multi-story housing (hereinafter “instant housing”) and the block structure splate roof warehouse (hereinafter “first warehouse of this case”). Among the instant housing, (a) the portion (a) connected each point of the instant housing in sequence of 1,2,3,4,100 square meters and the same map indication 9,10,11,12, and 9 are successively constructed on the instant land (c).

In addition, on the land of this case, four square meters in the ship (B) that connects each point of 5,6,7,8, and 5 with the indication of the same drawing is constructed on the land of this case (hereinafter “2 warehouse of this case”).

C. The Defendant purchased the instant house before several hundreds years, and thereafter, occupies and uses the said house and the instant house Nos. 1 and 2 warehouses so far, and occupies and uses approximately KRW 239.2 square meters per back cover of the same drawing indication, including (a), (b), and (c) parts of the instant land, among the instant land corresponding to a part of the said land.

On March 30, 2017, the Defendant promised to the Plaintiff that “When the Plaintiff opens a house or exercises a property right, it shall restore the land to its original state” at the time it was requested from the Plaintiff to pay KRW 10,000 as the usage fee for the land of this case among the part (A) of the instant house and the part (c) of the first warehouse of this case and the instant part of the instant 1 warehouse of this case.

(hereinafter referred to as “instant agreement”). (e)

From September 12, 2017 to November 7, 2017, the Plaintiff sent a certificate of content that “from September 12, 2017, the Plaintiff requested removal of the buildings, etc. of this case being used due to the boundary of the said land, as agreed by the Defendant, to restore the said land to its original state.”

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