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(영문) 의정부지방법원고양지원 2016.11.24 2016가단7497
지장물철거 등
Text

1. The defendant shall display to the plaintiffs a map in the attached Form No. 1, 2, 3, 4, and 1, among the area of 23 square meters of Goyang-gu D forest land in Gyeyang-gu.

Reasons

1. On October 26, 2015, the Plaintiffs are owners who completed the registration of ownership transfer with respect to “Yongyang-gu, Seoyang-gu, Seoyang-gu D-23 square meters of forest land” (hereinafter “instant land”).

The Defendant is the owner who completed the registration of ownership transfer on May 27, 2015 with respect to the “Yyang-gu E large 245 square meters” and its ground (hereinafter “instant building”) that adjoin the instant land.

However, as a result of the survey, the land of this case is located across the boundary, and the land of this case indicated in the annexed drawing(1), (2), (3), (4), and (1) are used as the site of the building the area of “1” portion of “1” in sequence.

[Ground of recognition] Unsatisfy, Gap 1-6 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, since the defendant possessed part of the building of this case on the land of this case by owning it, it is obligated to remove the building of this case corresponding to the part possessed by the plaintiffs, the owner of the land of this case, and deliver the land of this case.

B. The Defendant asserts that the land of this case is being used as a road from 1950 to 1950.

However, part of the instant land is actually used as a passage for the general public.

Even if so, it cannot be readily concluded that the plaintiffs cannot seek removal and delivery against the defendant by giving up their exclusive rights to use and benefit, and there is no other assertion or evidence to reject the plaintiffs' claims.

3. Thus, the defendant is obligated to remove the part of the building of this case which affected the land of this case and deliver the land of this case to the plaintiffs.

Since the plaintiffs' claims are reasonable, they will accept the plaintiffs' claims.

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