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(영문) 수원지방법원여주지원 2017.09.19 2016가단5902
건물철거및토지인도등
Text

1. On the plaintiff (Counterclaim defendant)

A. The Defendant (Counterclaim Plaintiff, the designated party) and the designated parties are not less than 4,810 square meters of C forest land in each leisure week.

Reasons

The principal lawsuit and counterclaim shall be judged together.

Facts of recognition

The defendant purchased from D on December 15, 1973 the E large scale 293 square meters from D and completed the registration of ownership transfer.

Around 1974, the Defendant’s father F constructed two houses on the land above the instant land (hereinafter “instant housing”). Some of the instant housing units extend over 18 square meters of land in a ship connected in order to each point of (f) the size of the land in the instant land, which is the neighboring land, 54, 53, 9, 10, 56, 55, and 54, indicated in the attached Form No. 54, 53, 10, 56, 55, and 54, among the instant land, which is the neighboring land.

F Around April 6, 1990, the F died and succeeded to the property of the Defendant and the designated parties (hereinafter referred to as the “Defendants”).

On April 7, 2016, the Plaintiff was above B.

The registration of ownership transfer is completed for land entered in paragraph C.

The instant house is unregistered.

The Defendant solely occupies the portion (D) on the ship connected in order to each point of (b) section 22 square meters and section 3 through 7, 44, 43, 42, 41, 40, and 3 of the same drawings among the land of this case, which are connected in order to each point of (c) section 1 through 3, 40 through 44, 35 through 39, and 11, 13, and 48 of the same drawings, and the portion (g) on the ship connected in order to each point of (d) section 30 square meters in the same drawings.

[The parts of each of the instant lands shall be specified only with the same symbols as (b), (c), and each point and area shall not be indicated). (Reasons for Recognition) The facts that there is no dispute, each of the entries and images of evidence A (including each number), and the purport of the whole pleadings.

The Plaintiff Defendants, without legitimate title, jointly own the instant house on the instant land owned by the Plaintiff and occupied the relevant site and its surrounding land without permission. Therefore, the said house should be removed to the Plaintiff, delivered the relevant site and its surrounding land, and the amount of the rent shall be returned by unjust enrichment.

The defendant around 1973.

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