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인천지방법원부천지원 2017.09.21 2017가단100545
건물등철거
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. Of the real estate indicated in the attached Form, it is part of 181 square meters in Kimpo-si.

Reasons

1. Basic facts

A. The Plaintiff is the owner of 181m2 (hereinafter “instant land”) in Kimpo-si, Kimpo-si, and the Defendant is the owner of the real estate indicated in the attached Form (hereinafter “instant building”) constructed on the ground of 202m2m2 adjacent to the instant land.

B. On September 5, 2002, the Plaintiff purchased the instant land from E, a former owner, and acquired its ownership.

C. Around September 3, 1980, the NetworkF newly built the instant building and obtained approval for use. On December 20, 1991, as the networkF died, the networkF completed the registration of initial ownership of the instant building on August 8, 1992 by the net F’s property heir G, H, I, J, K, L, M, N,O, P, Q, R (hereinafter “G et al.”) and the Defendant purchased the instant building on December 26, 2016 and acquired its ownership.

The part of the instant building is constructed on the ground of 56 square meters (hereinafter “instant building site”) in order to connect each point of the attached Table 1, 2, 3, 4, and 1, which is part of the instant land, in the order of reference to the attached Table 1, 2, 3, 4, and 1.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 1 (including paper numbers), the purport of the whole pleadings

2. Determination on the main claim

A. According to the above facts, the defendant occupied the building site of this case owned by the plaintiff without any title for the purpose of owning the building of this case and infringed the plaintiff's ownership. Thus, the plaintiff is obligated to remove the parts constructed on the ground of the building site of this case among the building of this case and deliver the building site of this case.

B. On November 20, 2011, the Defendant acquired by prescription the superficies on the Defendant’s assertion 1, as well as G and 11, the superficies on the instant building site in order to own the instant building on November 20, 201, and the Defendant may file a claim against the Plaintiff for the registration of creation of superficies on behalf of G and 11 persons.

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