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(영문) 의정부지방법원 고양지원 2021.01.22 2019가단91950
건물등철거
Text

The defendant is 5% per annum from February 1, 2020 to December 8, 2020 to KRW 1,188,108 to the plaintiff.

Reasons

1. Facts of recognition;

A. On July 9, 2007, the Plaintiff completed the registration of ownership transfer on July 6, 2007, with respect to C & 440 square meters (hereinafter “instant land”).

B. The Defendant, as the owner of neighboring land, invaded part of the instant land by installing a farming shed, water-supply facility, opening, and sperm, and used the instant land as a passage for using the said facility.

The specific relationship of occupation and use is as follows:

1) Before January 1, 2010, the Defendant installed a farming shed on the ground of one square meter, which connects each point of “a” part of “a” among the instant land in sequence with the indication 1, 2, 3, and 1 of the annexed drawing among the instant land, and occupied and used the above land portion by installing facilities on the ground of one square meter, which connects each point of “bb” part of “b” with the indication 4, 5, 6, 7, and 4 of the same drawing, in sequence.

2) In around 2016, the Defendant installed a reburial on the ground of one square meter with the indication of the attached drawing indicating 8,9,10, and 9 among the instant land, and used the portion of the land occupied by the Defendant for the purpose of using the portion of 53 square meters in the ship, which connects each of the points of the 11, 12, 13, 14, 15, 16, 17, 20, 21, and 11 in sequence, among the instant land, as the passage of the 53 square meters.

3) The Defendant, around January 31, 2020, installed sperm on the ground of 12m2,00 square meters and occupied and used the above portion of land after January 31, 2020, connected each point of the attached drawing Nos. 17, 18, 19, 20, and 17, among the instant land.

(c)

Meanwhile, the reappointment fee of the instant land is KRW 3,529, and KRW 3,705, and KRW 3,529, from 2013 to 2015, and KRW 3,705,00 for each 2010 square meter (in the instant land appraised by appraiser D, the reappointment fee of KRW 68 square meter shall be converted into one square meter per 1 square meter among the instant land appraised by appraiser D, but less than KRW 3,705) (the grounds for recognition). [In the absence of dispute, each entry and image of evidence Nos. 1 to 12, and video, this Court’s appraiser D, the result of each entrustment to the head of the Korea Information and Telecommunications Corporation branch, and the purport of the entire pleadings as a whole.

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