logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.10.13 2015가단1259
건물철거 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff owns a share of 5/12 and a share of 26 square meters in Busan Jin-gu Busan, Busan, and a share of 5/12 square meters in Busan, Jin-gu.

(hereinafter referred to as the above two parcels of land is referred to as “instant site”). B.

Defendant B, as the owner of the house stated in the purport of the claim on the ground (A) part of the above G site, occupies the instant site as entry into and exit from the site of the instant house, and Defendant C, D, and E are the lessees of the instant house.

【Ground of recognition】 The fact that there has been no dispute, the entries and pictures of Gap evidence 1 and 2, and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, unless there are special circumstances, Defendant B is obligated to remove the instant house to the Plaintiff, deliver the instant site, and return unjust enrichment from the possession of the instant site, and Defendant C, D, and E is obligated to withdraw from the instant house.

B. As to the defendants' defense of prescriptive acquisition by prescription, since the defendants Eul acquired the land in this case by prescription, the defendants' defense to the effect that the plaintiff cannot respond to the plaintiff's claim. Thus, in full view of the above facts, Eul evidence Nos. 1-1 through 19, Eul evidence No. 2, Eul evidence No. 3-1, 2-2, and Eul evidence No. 4-1 through 20, and the whole purport of the arguments as a result of the party's personal examination of the defendant Eul as to the defendant Eul, the defendant Eul continued to occupy the land in this case from Oct. 20, 1968 and died on Aug. 24, 1979, after Eul succeeded to the land in this case's possession and died on Jun. 18, 201, and the defendant Eul, his father et al. succeeded to it by taking possession of the land in this case for a period of 20 years from the date of prescription acquisition by prescription of the land in this case.

arrow