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(영문) 수원지방법원여주지원 2015.04.17 2013가단8726
토지인도 등
Text

1. The defendant is marked 1, 2, 3, 4, 5, 6, 7, 8, 1 of the attached Form No. 1 on the ground of the land stated in attached Table No. 1 on the plaintiff.

Reasons

1. Basic facts

A. Each of the lands listed in the separate sheet (hereinafter “each of the instant lands”) was owned by the Defendant. On May 16, 2013, the Plaintiff: (a) purchased the ownership by winning the land at a voluntary auction procedure at this court D; and (b) acquired the ownership thereof.

B. The Defendant, on each of the instant land, newly constructed three buildings with the same completed building as written in Paragraph (1) of this Article (hereinafter “each of the instant buildings”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, results of a request for surveying and appraisal to the director of the Korea Cadastral Corporation Leecheon-si branch, the fact-finding results on the Leecheon-si market, the purport of the whole pleadings

2. According to the above facts, the Defendant owned each of the instant buildings on each of the instant land owned by the Plaintiff, and thereby occupied the relevant part of the land. As such, according to the Plaintiff’s exercise of the Plaintiff’s right to claim removal of interference based on the Plaintiff’s ownership, the Defendant is obligated to remove the instant building and deliver the occupied land to the Plaintiff.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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