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(영문) 청주지방법원 영동지원 2017.02.03 2016가단713
지상물철거 등 청구
Text

1. The defendant shall be the plaintiff.

A. Of the housing with two floors of cement bricks, bricks, slives, slives, and slives on the ground of 197 square meters in Chungcheongnam-dong, Chungcheong-gun.

Reasons

1. Basic facts

A. On January 27, 2016, the Plaintiff paid the full amount of the sales price with respect to 197 square meters (hereinafter “instant C land”) in the procedure for compulsory auction of D real estate in Yeongdeungpo-dong District Court, Young-gun, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, and completed the registration of ownership transfer in the name of the Plaintiff on January 28, 2016.

B. On September 23, 2005, the Defendant completed the registration of transfer of ownership based on the sale due to voluntary auction on the same date with respect to the housing of two cement brick slives slives slives of the instant land (hereinafter “instant housing”) and the instant housing on its ground.

C. The instant land and the instant land are adjoining each other, and the instant land are connected with each other. Of the instant land owned by the Plaintiff, the instant housing is built by erosioning up to 29 square meters in part (i) of the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, and 1 (hereinafter “instant area”) connected with each other, among the instant land owned by the Plaintiff, and the cement brick fence (hereinafter “instant wall”) is installed on the line connecting each point of the said map No. 1 and 2.

As of September 26, 2016, the level of rent for the instant land as of September 26, 2016 is 23,000 won per annum.

【Ground of recognition】 The fact that there is no dispute or no clear dispute, entry of Gap Nos. 1 through 7 (including each number if there is a paper number), the result of the survey and appraisal on the head of the Chungcheong Regional Headquarters of the Chungcheong Regional Headquarters of the Korea Land and Information Corporation of this Court, the purport of the whole pleadings

2. Determination:

A. The gist of the Plaintiff’s assertion lies in the Plaintiff’s exercise of ownership by owning the instant housing constructed over a part of the boundary, and occupying the part of the instant dispute among the instant land C owned by the Plaintiff.

Therefore, the plaintiff's removal of the house of this case on the ground of the dispute part of this case against the defendant as the exclusion of interference, and the transfer of the dispute part of this case and the use thereof are unreasonable.

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