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(영문) 대전지방법원홍성지원 2020.01.21 2019가단32743
건물등철거
Text

1. The Defendant, in sequence, shall each point of the Plaintiff and each point of the attached Form 1 through 6, and 1, among the area of 203 square meters in Hong-gun, Chungcheongnam-gun, Chungcheongnam-gun.

Reasons

1. In full view of Gap evidence Nos. 3 and 5 as to the cause of the claim, the result of the appraisal commission to the Red branch of the Korea Land Information Corporation in the present court, and the purport of the entire pleadings, it is recognized that the Plaintiff, on August 30, 2018, completed the registration of ownership transfer as to the land of 203 square meters (hereinafter “instant land”); and that the Defendant’s housing owned by the Defendant (hereinafter “instant housing”) committed an offence against the part (A) and 15 square meters (hereinafter “part of land”) in the instant land connected each point of the indication 1 through 6, and 1 of the attached Form No. 1 among the instant land.

According to the above facts, the defendant owns a house on the ground of (a) presumed to be owned by the plaintiff, and occupies a part of (a) land.

Therefore, unless there are special circumstances, the defendant is obliged to remove the house installed on the ground of the land in the part of paragraph (a) to the plaintiff and return the part of paragraph (a) to the plaintiff.

2. Judgment on the defendant's defense

A. From 1910 to 1910, the gist of the defense of this case had a fence installed by the housing owner on the land above (A) part, which was the point of the new construction of the instant housing, and accordingly, the housing owner occupied (a) part of the instant housing as the owner’s intent to own the land.

On the other hand, the defendant acquired the ownership of the housing of this case and succeeded to the possession of the existing owner of the housing of this case with respect to the land of this case, but at the wall of this case, the defendant removed the fence and added a simple panel to the wall of this case so that the panel can be located in the land of this part (Ga).

As a result, the defendant has occupied the entire owner of the instant house as the intention to own the land for at least 20 years by aggregating all the possession of the former owner of the instant house. As such, the acquisition by prescription for the partial land has already been completed.

B. A person who owned the instant housing before the Defendant alone with each of the descriptions of Nos. 2 and 3, 1, 2, and 3.

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