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(영문) 전주지방법원 2018.05.09 2017가단28858
건물철거 및 토지인도 청구의 소
Text

1. The defendant shall be the plaintiff.

A. Of the area of land for factory B 5,541 square meters in Jeonjin-gu, Jeonjin-gu, Jeonjin-gu, Seoul, indication 1, 2, 3, 4, 5, 6, 1 of the annexed drawings.

Reasons

1. Facts of recognition;

A. The Defendant is the owner of a cement brick saves saves 2nd floor 47 square meters, 2nd floor 40 square meters and 40 square meters in cement saves saves saves 1st floor in Jeonju-si, Jeonju-si (hereinafter “instant building”).

B. However, among the instant building owned by the Defendant, the part (B) of the attached table 1, 2, 3, 4, 5, 6, and 1 among the instant building owned by the Defendant is 5,541 square meters in a ship (the result of a survey on the current status of cadastral land of attached table 3) connected in order to each point of indication 1, 2, 3, 4, 6, and 1 of the attached table among the instant building owned by the Plaintiff, which is 54 square meters in a ship (the same shall apply to the result of a survey on the current status of cadastral land of attached table 3) connected in order to each point of the attached table 1, 2, 3, 4, 6, and 54 square meters in a ship (b) connected to the instant building owned by the Plaintiff, which is 840 square meters in a

[Reasons for Recognition] Each entry of Gap 2 and 3 (including each number), the purport of the whole pleadings

2. Determination:

A. According to the facts of the above recognition as to the cause of the claim, the defendant, the owner of each of the above land for factory, barring special circumstances, is obligated to remove the cement brick structure 2, 3, 4, 6, and 1 of the attached drawing Nos. 1, 2, 3, 4, 5, 6, and 1 in order to connect each point of (a) part of (a) of the attached drawing Nos. 1, 2, 4, 6, 1 from among the land for factory B 5,541 square meters in Jeonjin-gu, Jeonjin-gu, Seoul, Seoul, and deliver the above part of (a) to the plaintiff, the owner of the above land for factory, except in the circumstances. (b) The defendant is obligated to remove the cement brick structure 2, 2, 3, 4, and 1 of the attached drawing Nos. 2, and deliver the above part of (b) to the land.

B. On the judgment of the defendant's assertion, the defendant did not know that the building of this case owned by the defendant was built in violation of the land owned by the plaintiff, and the owner of the whole land was not at issue and thus cannot respond to the plaintiff's claim.

However, these circumstances asserted by the Defendant are the land owned by the Plaintiff.

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