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(영문) 대전지방법원서산지원 2016.01.13 2015가단51571
건물등철거
Text

1. The Plaintiff: D 174 square meters in Seosan-si, Seosan-si;

A. Defendant B’s each point of the attached sheet No. 7,8,9,10,11,12,7 is indicated in the attached sheet No. 1.

Reasons

1. According to the overall purport of Gap evidence Nos. 1 through 4, Eul evidence No. 1 and Eul evidence No. 1 as to the cause of the claim, the plaintiff is the owner of Seosan-si D-174 square meters (hereinafter "the site in this case"). Defendant B, in order to connect each point of the attached Table Nos. 7,8,9,10,11,12,7 among the site in this case, connected each point of the attached Table No. 1 appraisal Nos. 7,8,9,10,12, and 3,4,5,6,12,11, and 3 square meters of "inboard with each point of 3,4,5,6,13 square meters of underground reinforced concrete No. 1" and "2,5,6,12,13 square meters of underground cement structure with each point of 5,000 square meters of underground cement structure connected each point of 1 through 9,000,000 square meters connected each point of the land in this case.

Therefore, barring special circumstances, with respect to the Plaintiff’s instant site, ① Defendant B is obligated to remove each of the 3,4,5,6,12,11, and3 square meters of cement brick structure and one-story storage on the ground of 5 square meters of 2,000 square meters of 5,00 square meters of 2,00 square meters of 3,00 square meters of 3,00 square meters of 3,00 square meters of 3,00,000 square meters of 7,8,9,10,000 square meters of 1,00,000 square meters of 28,000 square meters of 2,3,4,10,000; ② Defendant E is obligated to remove cement block structure on the ground of 4,00 square meters of 4,00 square meters of 3,00 square meters of 3,00 square meters of 3,00 square meters of 2,00.

2. Determination as to the defendants' defense

A. Defendant B’s defense purchased each building and its site on Nov. 27, 1970, and Defendant E purchased each building and its site on Apr. 21, 1976. The instant site occupied and used by the Defendants also become part of the site purchased by the Defendants, and is surveyed on Mar. 23, 2015.

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