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(영문) 대전지방법원서산지원 2015.11.04 2015가단52888
건물등철거
Text

1. In order to the Plaintiff, the Defendant indicated in the separate sheet No. 1,2,3,4,5,6,7,88, among the land size of 23,098 square meters in Seosan-si, Seosan-si.

Reasons

1. According to the reasoning of Gap evidence Nos. 1 through 4 as to the cause of the claim and the purport of the entire pleadings, it can be acknowledged that the plaintiff has owned shares of 1210/23492 among the land of Seosan-si 23,098 square meters (hereinafter "the land of this case"), and the defendant has installed three seedlings of "a", "4, "b", "c," and "d'd'd'd'd'd'd'd'd'd'd'd'd'd'd'd'd'd "a"'s 1,23,45,6,7,81 among the land of this case among the land of this case.

Therefore, the Defendant, barring special circumstances, has a duty to remove, among the instant land, 3,3,4,5,6,7,88, and 1468 square meters in order to each of the items indicated in the separate sheet No. 1,2,3,4,5,6,7,81 among the land in this case, 3 of tombstones indicated in the separate sheet No. 1468 square meters in part 1468 square meters in part 1,4, and 2,3 of tombstones indicated in the separate sheet No. 1468 square meters in part 1,2,34,5,6,7,81, respectively, and to deliver to the Plaintiff three of tombstones indicated in the same map No. 1468 square meters in part 1,468.

2. The defendant's argument as to the defendant's assertion is asserted that the place where the tomb, etc. of this case was installed was set up in Seosan City, Seosan City, or that he acquired the right to graveyard on the land of this case. However, according to the video of the evidence No. 4-2 of this case, according to the video of the evidence No. 4-2 of this case, it can be recognized that the time when the defendant installed the tomb, etc. was around 1998, and it is not possible to acquire any right by the defendant's possession since 20 years have not yet passed, and there is no proof that

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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