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(영문) 춘천지방법원 2015.06.16 2014가단34358
토지인도 등 청구
Text

1. The Plaintiff, among D Miscellaneous land in Chuncheon, 8460 square meters,

A. Defendant B shall follow each point of 1, 2, 3, 4, and 1 indicated in the separate sheet.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the land at issue, which completed the registration of ownership transfer on the grounds of sale on the same day as of December 4, 2013, with respect to the land of 8460 square meters (hereinafter “instant land”), which was owned by E.

B. Defendant B is the owner of a building on the ground of 135 square meters inboard which connects each point of the attached Form 1, 2, 3, 4, and 1 among the instant land (hereinafter “instant building”) and Defendant C is the owner of a building on the ground of 90 square meters in sequence, which connects each point of 5, 6, 7, 8, 9, 10, and 5 of the aforementioned drawings.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, the Defendants are obligated to remove each of the buildings owned by the Defendants on the land owned by the Plaintiff and deliver each of the sites to the Plaintiff, except in extenuating circumstances.

B. As to the Defendants’ assertion (i.e., Defendant B’s assertion, with the Defendant’s mother F’s consent from the former owner of the instant land, was newly constructed on the instant land and possessed the instant land for the purpose of owning the said building; thus, Defendant B has the right to occupy the instant land; and if the Plaintiff did not intend to lease the instant land to the Defendant, the said Defendant asserts to the effect that he exercised the right to purchase the building against the instant building No. 1.

Defendant C asserts to the effect that, around 1960, Defendant C had the right to occupy the instant land, since the Defendant’s attached G had built the instant building on the ground of the instant land with the consent of the former owner of the instant land, and paid a rent to the Plaintiff.

Shebly, the Defendants constructed each of the instant buildings with the consent of the owner of the instant land, even if so, and owned each of the instant buildings.

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