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(영문) 서울북부지방법원 2016.01.13 2015가단100492
토지인도
Text

1. The Plaintiff:

A. Defendant B indicated on the attached sheet No. 3, 4, 5, 6, 7, 14, 13, 12 among the 165 square meters in Dongdaemun-gu Seoul Metropolitan Government D 165 square meters.

Reasons

1. Basic facts

A. The Plaintiff is the owner of Dongdaemun-gu Seoul Metropolitan Government D large 165 square meters (hereinafter “Plaintiff-owned land”).

B. Defendant B is the owner of the instant building site and the above building (hereinafter referred to as “instant building”) located adjacent to the above land, Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and the above building (hereinafter referred to as “instant building”), and Defendant C is the person who leased and occupied the above building.

C. Of the land owned by the Plaintiff, the instant building is located in a place where the part “B” in the ship (hereinafter “the instant part”) which connects each point of the attached Table 3, 4, 5, 6, 7, 14, 13, 12, and 3 with the land owned by the Plaintiff, is 15 square meters in sequence.

【Ground for Recognition: Facts without dispute, Gap 1 and 2 evidence, result of survey and appraisal conducted by appraiser F, purport of the whole pleadings

2. Determination

A. According to the above findings of the determination as to the cause of the claim, barring any special circumstance, Defendant B is obligated to remove the instant building located in the part of the instant bed, and Defendant C is obligated to remove the instant building located in the part of the instant bed, and Defendant C is obligated to remove the instant building located in the said part.

B. The defendants' assertion 1) After completion of August 24, 1983, the building of this case is currently purchased by G, H, and I through G, H, and I. As the defendant Eul occupied the part of the instant crime of this case by peace and public performance for not less than 20 years until then, since the total occupation of the preceding owner was occupied by the preceding owner, the defendant Eul acquired by prescription the part of the instant crime of this case pursuant to Article 245(1) of the Civil Code after August 24, 2003.

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