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(영문) 창원지방법원 2016.02.04 2015가단7131
건물철거 등
Text

1. The defendant shall be the plaintiff.

A. Of the 3,712 square meters in annexed drawings in Kimhae-si, the point in the 3,4,5,14,15,16, 17, 18, and 3 of the annexed drawings shall be respectively indicated.

Reasons

1. In full view of the purport of the entire pleadings as to Gap evidence No. 1-1, 2, Eul evidence No. 3, and Eul evidence No. 4, the plaintiff owns 3,712m2 (hereinafter "the land in this case") in Kimhae-si, Kim Jong-si. The defendant shall use the separate sheet No. 3, 4, 5, 14, 15, 16, 17, 18, 18, and 3 in sequence on the ground of 100m2, 19.63m2, 26.7m2, 26.7m2, 20, 21, 222, 23, and 20m2 as well as 10m2, 26m2, 3m2, 25m2, and 3m2, 3m2, and 10m2, 3m2, and 10m2, and 3m2, 4, respectively, connected to cement block No.

According to the above facts, the defendant is obligated to remove the building, fence, and exterior walls of the building of this case to the plaintiff, who is the owner of the land of this case, and collect the above facilities and trees, unless there are special circumstances.

2. Judgment on the defendant's assertion

A. As to the assertion that there is no ownership, the Defendant: (a) newly constructed the instant building while the Defendant, the head of the Defendant, owned the entire land of this case; and thereafter, (b) excluded the Plaintiff’s mother D from the part 396 square meters in the attached drawing indicating the attached drawing where the instant building is located, and thus, (c) cannot be deemed that the Plaintiff acquired the instant land from D in sequential order, and (d) asserted that the Plaintiff did not have ownership to the part 2nd in the attached drawing indicating the attached drawing.

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