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(영문) 울산지방법원 2018.10.16 2017가단66932
건물등철거
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated on the separate sheet No. 1, 2, 3, 4, and 4.

Reasons

1. Basic facts

A. The real estate listed in the separate sheet (hereinafter “the instant forest”) is indicated in the old land cadastre as the nominal owner of the circumstances on November 15, 1917 by the Plaintiff and the designated parties.

B. On June 22, 2018, the Plaintiff was the owner who succeeded to the instant forest via E, and completed registration of preservation of ownership in the name of the Plaintiff.

C. The Defendant owned a waste treatment plant and concrete packaging facility installed, such as the attached appraisal on the instant forest land and the adjacent land, as the owner of F miscellaneous land in Yangsan City, F 569 square meters adjacent to the instant forest (hereinafter “the instant adjacent land”). As such, the part of the instant forest and the part of the instant forest (hereinafter “instant dispute”) is as indicated in paragraph (1) of this Article.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3-1, 5-1, 2, 6-1, 6-6, 16, and 17-1, 5-2, 1, 2, and 3-3 of evidence Nos. 1, 2, and 3-2 of evidence Nos. 1, 2, and 17 of the Korea Land Information Corporation;

2. According to the above facts, as long as the defendant cannot prove legitimate title, he is obliged to remove excreta treatment facilities and concrete packaging facilities installed in the forest of this case and deliver the part of the dispute in this case among the above forests to the plaintiff.

Although the defendant seems to dispute whether the plaintiff is the owner of the forest of this case, as seen above, the circumstance was made in the name of the plaintiff's father D, and in light of the fact that registration of preservation of ownership has been made in the name of the plaintiff, the plaintiff is recognized as the owner of the forest of this case, so the defendant'

3. Judgment on the counterclaim

A. On March 1, 1981, the deceased G, the defendant's summary of the defendant's assertion, purchased the adjoining land of this case, and occupied the part of the dispute while planting and managing the trees in the dispute of this case. On March 1, 1981, the deceased G, the defendant's headquarters of the defendant's purchase of the adjoining land of this case, occupied the part of the dispute of this case.

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