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(영문) 의정부지방법원 2019.04.18 2017가단9787
가건물철거 및 토지인도
Text

1. The defendant shall be the plaintiff.

A. Of the land size of 2347 square meters prior to Macheon-si, each point of the attached Form 24, 25, 26, 27, and 24 shall be attached hereto.

Reasons

1. Facts of recognition;

A. On December 7, 2017, the Plaintiff completed the registration of ownership transfer on the ground of conciliation as of the 2347 square meters (hereinafter “instant land”) prior to Seocheon-si on the ground of conciliation as of February 25, 2016.

B. The Defendant is an owner of 902 square meters adjacent to the instant land, and operates a factory with the trade name “D” from the said land. Before December 7, 2017, the Defendant used a prefabricated-type building on the ground of 51 square meters in the portion of “1” among the instant land, which was successively connected to each of the 24, 25, 26, 27, and 24 square meters in sequence, among the instant land, and connected each of the 28, 29, 19, 20, 20, 21, and 28 square meters in proportion to each of the 25 square meters in the same drawings.

(hereinafter referred to as "the total sum of the lands in each of the above parts in the building is 76 square meters," and "the total sum of each of the above prefabricated-type provisional buildings is c) of the building in this case.

The defendant around November 1994 packages concrete on the ground of 81 square meters in each of the above categories of "bb" section 621 square meters in the ship connected with each of the above points in sequence of the annexed drawings Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 17, 18, 19, and 13, 17, 19, 19, and 13, 43 square meters in the same drawings, 20, 21, 22, 23, 24, 25, 26, and 20 of the above drawings, among the land in this case, and occupies concrete on the ground of "b" for the purpose of occupation, use of warehouse, etc.

(hereinafter) The fact that there is no dispute about the aggregate of the lands in each of the above parts in the ship 745 square meters [the grounds for recognition] / [the aforementioned part] The entry and video of Gap evidence 1, 3-1 through 6, Eul evidence 1, 2, and 4, the result of the commission of surveying and appraisal to the Korean Land Information Corporation, the result of the commission of surveying and appraisal to the appraiser F of this court, the result of the commission of surveying and appraisal to the appraiser F of this court, the result of the commission of delivery of each document to the Macheon-si market and Macheon-si, the purport of the entire pleadings.

2. Determination on the cause of the claim

(a)in this case;

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