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(영문) 창원지방법원마산지원 2016.10.13 2016가단3976
건물철거
Text

1. The Defendant: (a) 26.3 square meters away from the Gyeongnam-gun’s 443 square meters away from the Plaintiff; (b) 26.3 square meters away from Gyeongnam-gun’s 443 square meters; and

Reasons

1. Comprehensively taking account of the overall purport of the pleadings in Gap evidence Nos. 1 and 5 as to the cause of the claim, the Plaintiff is the owner of the C large 443 square meters (hereinafter “instant land”) in Gyeongnam-gun, Gyeongnam-gun. On the above ground, the Plaintiff constructed 26.3 square meters of a wooden flag and Haan-gun’s roof, a wooden flag, and a bridge, a 24.5 square meters of a house with 24.5 square meters, a wooden flag and a bridge, and a 7.4 square meters of a simple warehouse of a wooden pent roof (hereinafter “each building of this case”).

According to the above facts, the defendant is obligated to remove each of the buildings of this case to the plaintiff and deliver the land of this case to the plaintiff, except in extenuating circumstances.

2. The defendant's assertion is alleged to the purport that it is improper to seek removal of the building and delivery of the land to the defendant who does not actually manage each of the buildings of this case sold through an auction with the knowledge of the existence of the building. However, it is difficult to find the plaintiff's claim unreasonable on the sole ground of the defendant's assertion.

3. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.

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