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(영문) 대전지방법원홍성지원 2014.05.14 2013가단6131
건물등철거
Text

1. The primary defendant is the plaintiff.

A. Of the 14,524 square meters of C Forest land in Bocheon-si, 54, 70, 71, 72, 37, 36, 35, 34 of the annexed Form (2).

Reasons

1. Basic facts

A. At the time of October 2004, the conjunctive Defendant built a single-story house (hereinafter “instant house”) on the ground of 63 square meters in the attached Form (a) part on the 63 square meters on the part of (a) in the ship connected each point of 1, 2, 3, 4, and 1 of the annexed Form (1) in Bocheon-si, Bocheon-si, which was owned by himself (hereinafter “the instant land”). The land and the instant land were leased to the Defendant around February 105, the portion (b) of which was 126 square meters in sequence connected each point of 58,59,60,61, and 58 of the annexed Form (2) was the land for the instant house (hereinafter “instant land”).

B. The Defendant, as above, leased the instant land in sequence with each point of 54, 70, 71, 72, 37, 36, 35, 34, 73, 74, 75, 76, 67, 65, 64, 63, 62, 57, 56, 55, and 54 of the [Attachment 2] part on the ground of 2,860 square meters of the same drawing, 1, 69, 68, 67, 66, 78, 79, 80, 81, 82, and 85, 84, 88, 88, 87, 86, and 54 square meters of the instant land in sequence, was connected to each point on the ground (c) part on the ground of 2,860 square meters of the instant land.

(hereinafter referred to as the above planting part as “the occupied part of this case”).

The Plaintiff was awarded a successful bid on March 28, 2013 in the procedure of compulsory auction by Hongsung branch of the Daejeon District Court D with respect to the instant land.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, Eul evidence 1 to 3, witness B's testimony, result of surveying and appraisal entrusted to the Korea Cadastral Corporation, the purport of the whole pleadings

2. Determination

A. (1) According to the facts of the above determination as to the primary claim for removal and delivery, the primary defendant is obligated to collect the trees planted in the possession of the instant land from the Plaintiff, who is the owner of the instant land, and deliver the said occupied part to the Plaintiff, unless there are special circumstances.

The primary defendant shall own the same trees in the briefs dated March 19, 2014.

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