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(영문) 수원지방법원여주지원 2020.07.23 2020가단52615
건물등철거
Text

1. The defendant shall be the plaintiff.

A. Of the land size of 505 square meters in Gyeonggi-gun, indication of drawings in attached Form 16, 17, 18, 19, 20, 21, 22, 12, 13, 23.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The Plaintiff is the Plaintiff’s land 505 square meters in Gyeyang-gun, Gyeonggi-do (hereinafter “instant land 1”).

) and 30 square meters prior to D (hereinafter “instant land 2”).

(2) On January 5, 2007, the Defendant completed the registration of preservation of ownership on the cement season and 43.92 square meters of a single-story house in Gyeonggi-gun E (hereinafter “instant building”). The non-party G association is the owner of the E large 73 square meters adjacent to the land of this case 1 and 2.

3) The instant building is constructed across the boundary of the instant land Nos. 1 and 2. Of the instant land, part of the instant land No. 1 is 66 square meters in part of “bb” in the ship connecting each point of the attached drawings No. 16, 17, 18, 19, 20, 21, 22, 12, 13, 23, 15, and 16 among the instant land No. 1. 1.

) On the ground of the instant case, some of the houses and warehouses owned by the Defendant (hereinafter “the instant case”) are located on the ground, and some of the houses and warehouses owned by the Defendant (hereinafter “part of the houses and warehouses on the land”) are located on the land of the instant case, which constitute the boundaries on the ship which connects each point of the 15, 23, 13, 14, and 15, indicated in the annexed drawings, in sequence.

[Evidence Evidence: Evidence Nos. 1 through 4 (including paper numbers; hereinafter the same shall apply)

(i)each description or image of the evidence No. 1 of this Court, the result of the commission of surveying and appraisal to appraiser H of this Court, and the purport of the whole pleadings]

B. According to the above facts of recognition, the defendant is obligated to remove part of the house and warehouse on the land of this case and deliver part of the land of this case to the plaintiff, unless he does not have the title to possess the land of this case 1 and 2. The defendant is obligated to remove part of the house and warehouse on the land of this case on the land of this case and deliver part of the land of this case 2.

2. In conclusion, the plaintiff's claim can be accepted, and it is so decided as per Disposition by admitting it.

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