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(영문) 부산지방법원 2019.05.03 2017가단26405
건물철거 등
Text

1. The Defendant (Counterclaim Plaintiff) indicated the attached sheet No. 4, 23, 24, 24, on the Plaintiff (Counterclaim Defendant) among the attached sheet No. 380 square meters in Young-do, Busan.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) owns a large of 380 square meters (hereinafter “instant site”) in Young-gu, Busan Metropolitan City as follows:

E F GH I CI C

B. The Defendant (Counterclaim Plaintiff, hereinafter “Defendant”) adjacent to the instant Plaintiff’s site and owned a building without permission on the Plaintiff’s land (hereinafter “Defendant’s site”) and on the above ground.

C. As a result of the appraiser J’s measurement and appraisal of the original and the Defendant’s site, each of the items in the attached Table 4, 23, 24, 25, 5, and 4 among the Defendant’s unauthorized buildings on the Plaintiff’s instant site, the two-story roof 2 (the first floor toilet, the second floor warehouse, the Defendant’s building; hereinafter “the part of the instant building”) built on the cement block slve, which are each connected on the Defendant’s unauthorized building, are located, and the structures installed on the part (i) of the instant building (hereinafter “the Plaintiff’s building”) located on the Defendant’s instant site, which are successively connected with each of the items in the attached Table 7, 8, 9, and 7.

[Ground of recognition] Facts without dispute, Gap 1 through 7's statements, Eul 1 and 2's statements (including numbers, hereinafter the same shall apply), the result of each survey and appraisal conducted by the appraiserJ, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. According to each of the above facts of recognition as to the cause of the claim, the Defendant is obligated to remove the part of the Defendant’s building and deliver the part of “B” to the Plaintiff seeking the exclusion of interference as the owner of the Plaintiff’s land.

B. As to the Defendant’s assertion, the Defendant asserts that, from January 1995, K, the former owner of an unauthorized building, occupied the instant Plaintiff’s site as the intention to own the said building, and that the Defendant succeeded to it, the Defendant has occupied the said part of “B” with the completion of the prescriptive acquisition.

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