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(영문) 전주지방법원 2016.11.24 2015가단26292
건물등철거
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is not less than 1,752 square meters of C Forest land in the Jeonju-gun, Jeonbuk-gun, the Plaintiff-Counterclaim Defendant:

A. Attached Form 1 No. 85.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is an owner of 11,752 square meters (hereinafter “Plaintiff-owned land”) of forests and fields C in Jeonju-gun, Jeonju-gun.

B. On April 9, 1981, the Defendant purchased D 1,013 square meters, E warehouse sites, and 1,361 square meters (hereinafter “Defendant-owned land”), which are neighboring land, and completed each registration of ownership transfer.

The Defendant owns, on the land owned by the Defendant, cement block block, ice 89.27 square meters, cement block, cement block building, cement block building, 42.07 square meters attached to one story, cement block building, cement block building, 187.61 square meters, cement block block building, cement block building, stringle, one story streke roof, and 48.4 square meters (hereinafter collectively referred to as the “instant building”). At present, some of the instant building and their fences connected to each of the items of (a) 29 square meters attached to the Plaintiff’s land, 74,83, 81, 87, 87, 88, and 85 square meters attached hereto, and are connected to each of (b) 74, 84, 82, 87, 87, 76, 775, and 7884 square meters attached hereto.

[Reasons for Recognition] 1, 2, 11-16 Evidence A, the result of each request for surveying and appraisal to the Korea Cadastral Corporation by this Court, the purport of the entire pleadings

2. Determination on the main claim

A. According to the above fact of recognition as to the cause of the claim, the Defendant is obligated to remove the above (A) part 29 square meters among the instant buildings, (b) part 49 square meters, and (C) part 9 square meters among the buildings in this case, and deliver the relevant land to the Plaintiff.

B. The defendant's defense asserts that since the defendant purchased each of the above lands and occupied around April 23, 1981 with the intention of ownership ownership for at least 20 years and acquired prescription on April 23, 2001, the plaintiff who is liable for the registration of ownership transfer on the ground of the completion of the prescriptive acquisition cannot be allowed to file the lawsuit of this case with the defendant.

As seen earlier, the Defendant owned the instant building from April 1981.

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