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(영문) 제주지방법원 2016.07.15 2015가단10010
건물철거 및 토지인도
Text

1. The Plaintiff (Counterclaim Defendant) is not less than the size of 168 square meters in Seopo-si, Seopopopo-si;

A. The Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) indicated in the attached Form 1 drawings, 1, 2, 3, 4, and 4.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

A. The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) is the owner of the D Special Metropolitan City D Special Metropolitan City 168 square meters (hereinafter “instant one”) and the Defendant (Counterclaim Plaintiff) is the owner of the Defendant’s land that is adjacent to the instant one’s land from the State in Seopopopopo City 365 square meters (hereinafter “instant two land”). The Defendant C is the owner of the instant land in Seopopo City 505 square meters and the building on its ground that is adjacent to the instant one’s land.

B. Of the instant land, the Defendant (Counterclaim) constructed an unauthorized building on the 4 square meters of the part inside the ship connected with each point of Annex 1, 2, 3, 4, and 1 in sequence among the instant land (hereinafter “A), and used it for the purpose of toilets. A part of the building owned by the Defendant C is a crime of 10 square meters of the part inside the ship connected with each point of Annex 4, 5, 6, 7, and 4 among the instant land.

C. Of the instant land 2, the building owned by the Plaintiff is invaded on the part 30 square meters in the ship which connects each point of the attached Table 1 drawings Nos. 5, 6, 7, 8, and 5 (hereinafter “B”) among the land in the instant case.

The land of this case 2 does not have a way to pass a public road except for the land of this case. At present, the defendant Lessee entered the land of this case by using the Northwest edge of the land of this case, but the plaintiff wants to pass through the Northwest side of the land of this case.

[Reasons for Recognition] In light of the above-mentioned facts, Gap's evidence Nos. 1 through 4, Eul's evidence No. 1 (including additional number), and the overall purport of the pleadings, the judgment of the court below as to the plaintiff's claim as to the plaintiff's claim as to the plaintiff's claim as to the main claim as to the plaintiff's claim as to the main claim, barring special circumstances, the defendant (Counterclaim) has the duty to remove the building on the ground of the land No. 1 and deliver

The Defendant-Counterclaim Plaintiff’s assertion.

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