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(영문) 대구지방법원영덕지원 2019.12.10 2018가단2108
건물
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the instant land, and the Defendant was the owner of the instant land, which was 144 square meters wide and its ground building adjacent to the instant land, by November 12, 2019.

B. On the ground of the instant dispute, the instant building, etc. existed, and the Defendant removed the instant building, etc. around November 21, 2019.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 11 (including each number, if any; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, and the purport of the whole pleadings as a result of a request for the measurement and appraisal to the Director of the Korea Land Information Corporation and the Seoul Land Information Corporation;

2. The Plaintiff, the owner of the instant land, sought the removal of the instant building, etc. and the transfer of the instant dispute land to the Defendant.

However, as seen earlier, the building of this case was already demolished, and accordingly, the defendant does not occupy the land of this case.

Therefore, the plaintiff's above assertion is without merit.

3. The plaintiff's claim for conclusion is without merit, and it is so dismissed as per Disposition.

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