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(영문) 창원지방법원통영지원 2019.04.30 2018가단3181
가건물철거 및 토지인도
Text

1. The Defendant, among the land size 369 square meters in Tong Young-si C orchard 369 square meters, has each point indicated in the attached Form 1 drawings,

Reasons

1. The Plaintiff, on February 6, 2018, completed the registration of ownership transfer on the ground of sale and purchase on January 4, 2018 with respect to the land of Tong-si C orchard 369 square meters (hereinafter “instant land”). The Defendant owned a building on the ground of 90 square meters (hereinafter “instant adjacent land”) adjacent to the instant land on the attached Table 2 list of real estate (hereinafter “instant building”), and the said building was connected to each of the instant land in sequence 1 drawings, (b) and (c) parts (B) and 27 square meters (hereinafter “land of this case”) connected to each of the instant land, among which the instant land was located, or there is no dispute between the parties, or may be recognized by the purport of the entire pleadings or film.

According to the above facts, the defendant, as the owner of the land in the affected part of this case, is obligated to remove the building on the ground of the affected part of this case and deliver the land on the affected part of this case to the plaintiff who seeks the removal of interference based on ownership, unless there are special circumstances.

2. Judgment on the defendant's assertion

A. Regarding the summary of the Defendant’s assertion, the Defendant asserts that the building on the land on the land on the part of the instant bed part of the instant bed part existed prior to 1998, and that the Defendant’s prescription for the Defendant’s possession of the land on the part of the instant bed part was completed.

B. In the event that the relevant legal principles were succeeded in succession, the claimant for the completion of the prescriptive acquisition has the option to assert only his own possession, or to assert both his own possession and the former occupant’s possession. However, even in such a case, the time of commencement of the possession cannot be asserted by the former occupant at a voluntary point of time during the period of possession.

In addition, the possessor of land whose prescriptive acquisition period expires shall be the land at the expiration.

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