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(영문) 창원지방법원 거창지원 2018.12.04 2018가단10505
건물등철거
Text

1. The Defendant points out to the Plaintiff each of the attached Form 21, 22, 23, 24, and 21, among the 3,346 square meters of forest C, Chang-gun, Chungcheongnam-do.

Reasons

In full view of the purport of the pleadings as a result of the Plaintiff’s commission of appraisal to the branch offices of the Korea Land Corporation in the Republic of Korea, the Plaintiff completed the registration of ownership on February 25, 2016 with respect to 3,346§³ (hereinafter “instant forest”). The Defendant is an owner of 2,985§³ not less than 21,22,23,24,21 of the instant forest land adjacent to the instant forest land, and is an owner of the area of 25,26,27,28,25 of the said drawings, and (d) the portion of the instant forest, 17, 17, 27, 17, 17, 17, 17, 17, 17, 17, 17, 27, 30, 30, 31, 334, 35, 37, 296, 17, 37, 29, 27, 17, 29, 37, 1.

According to the above facts, the defendant owned a warehouse, manager, etc. on the land of the forest of this case, and thereby occupied the portion 1,321 square meters inside the ship of this case among the forest of this case and thereby interfered with the plaintiff's exercise of land ownership. Thus, the defendant is obligated to remove buildings, etc. listed in attached Table 1 as stated in attached Table 1 as ordered in paragraph (1) and remove apology trees, etc. and deliver part 1,321 square meters inside the forest of this case to the plaintiff.

[Defendant wishes to purchase the above part of (B) 1,321 square meters, but is not obligated to sell the above part of land to the Plaintiff] If so, the Plaintiff’s claim of this case is reasonable, and thus, it is so decided as per Disposition by the assent of all participating Justices.

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