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(영문) 창원지방법원진주지원 2017.09.14 2016가단9519
건물철거 등
Text

1. Of the 730 square meters in Sacheon-si D 730 square meters to the Plaintiff

A. Defendant B shall have an appraisal map indicated in the attached Form No. 26 square meters, part 26 square meters, and part 6 square meters, respectively.

Reasons

1. Facts of recognition;

A. The Plaintiff related to the ownership of related land completed the registration of ownership transfer on October 17, 2016 with respect to the land of 730 square meters in Sacheon-si D (hereinafter “instant land”).

Defendant B completed the registration of ownership transfer on July 4, 2007 with respect to E-lease 484 square meters adjoining the instant land (hereinafter “E land”), and completed the registration of ownership preservation on December 12, 2007 by constructing a new building on that ground.

Defendant C completed each registration of ownership transfer on December 22, 200 with respect to the F-330 square meters adjoining the instant land (hereinafter “F-land”) and its ground buildings.

B. Of the buildings constructed by Defendant B, part of the retaining wall and landscape trees are over the boundary of the instant land, and the lower part of the instant land is over the boundary of the fenced part of the building owned by Defendant C, and over the boundary of the fenced part of the warehouse of the Defendant C-owned building, the lower part is over the boundary of the wall.

The following facts are found: (a) there is no dispute over the wall fence (applicable to recognition), Gap evidence 2 (including a temporary number), the result of on-site inspection, the result of a survey appraisal, and the purport of the entire pleadings, as a result of the entire pleadings, with the indication of the attached Form 2 (2) and 26 (3) of the attached appraisal map on the area of the part of the defendant bed; (b) the wall wall and landscaped water (c) of the attached Form 6 C (4) of the

2. The Defendants are obligated to remove the retaining wall, wall and landscape trees on the ground of (b), (c), (d) part of the instant land, and warehouse fences from the Plaintiff seeking the exclusion of interference as the owner of the instant land, and to deliver the said part of the instant land to the Plaintiff.

3. Judgment on the defendants' assertion

A. Defendant C’s assertion of Defendant C on May 7, 1996 as to the defense of the statute of limitations for the acquisition of possession by Defendant C was newly constructed on the F land’s ground and sold to H on December 27, 1996, together with F land. H sold F land and buildings to I after completing registration of preservation of ownership on March 20, 200. The succeeded J sold the F land and buildings to the Defendant C.

Defendant C shall use the F land and its ground buildings.

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