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(영문) 인천지방법원 2018.01.05 2015가단226266 (1)
건물등철거
Text

1. The Plaintiff (Counterclaim Defendant) indicated in the attached Form 2, 1, 2, 3, 4, and 4 among the land size of 229 square meters for reinforcement-gun C to the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. The Plaintiff is the owner who completed registration of preservation of ownership on September 26, 1981, with respect to Clux 229 square meters and its ground buildings in reinforced military forces.

B. Moreover, the registration of ownership transfer in the name of E on July 16, 1985 with respect to the building of 219 square meters and its ground located adjacent to the above C land, the registration of ownership transfer in the name of F on October 7, 1999, and the registration of ownership transfer in the name of the defendant on May 16, 2008, respectively.

C. After the Defendant purchased the said G land and building from F, the Defendant occupied the site of the said building and building while residing in the said building. Of the parts possessed by the Defendant, the attached appraisal of the part owned by the Defendant belongs to the part owned by the Plaintiff, 24m2, 2m2, 3m2, 3m2, 4m2, 1m2, 5m2, 5m2, 5m2, 3

(hereinafter referred to as the “instant land”). [Grounds for recognition] There is no dispute, Gap evidence 1-1-4, and the result of the survey and appraisal on the head of the Korea Land Information Corporation in this court’s branch office strengthening the Korea Land Information Corporation, the purport of the entire pleadings, as a whole.

2. The assertion and judgment

A. The plaintiff's assertion (i) The defendant occupies the land of this case among the land owned by the plaintiff C.

In addition, the Plaintiff notified the G owner E, F, and the Defendant of this fact over several times and demanded the Plaintiff to deliver it to the Plaintiff.

Therefore, the Defendant is obligated to remove blocks, fences, beer, stairs on the ground of the instant land and deliver the instant land to the Plaintiff.

Shelling Defendant E, F, and Defendant have purchased and occupied G land and buildings, and did not know that the instant part of the land was invaded by the Plaintiff’s land.

The possessor of the instant land has occupied the instant land with the intention to own it for at least 20 years from January 1, 2005, and thus, the prescriptive acquisition on the instant land on January 1, 2015 is the prescriptive acquisition.

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