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(영문) 수원지방법원 2018.12.20 2018가단534903
건물등철거
Text

1. The Defendants jointly do so to the Plaintiff:

A. Of the lands listed in Appendix 1 List 1, the Attached Drawing Nos. 10, 22, 23, 24.

Reasons

1. Determination on the cause of the claim

A. (1) On December 21, 2017, the Plaintiff completed the registration of ownership transfer on the land listed in the attached Table 1 List 1 (hereinafter “instant land”) and the land listed in Table 2 (hereinafter “instant land”).

(2) On July 25, 2014, the Defendants completed the registration of ownership transfer as to each of 1/2 shares among the land listed in the attached Table 3 (hereinafter “Defendant’s land”) adjacent to the instant land Nos. 1 and 2 and the buildings listed in the attached Table 4 (hereinafter “instant building”).

(3) However, among the buildings in this case, the part of the attached drawing Nos. 10, 22, 23, 24, 25, and 10 (hereinafter “the part of the building in this case”) part of 43 square meters (hereinafter “the part of the building in this case”) among the buildings in this case is installed with structures, such as warehouses, gates, fences, etc. owned by the Defendants on the ground in which the land in this case was invadedd by the land in this case, and the part of 20 square meters (hereinafter “the part of the building in this case”) connected with each of the items in the same drawing Nos. 31, 9, 10, 25, 26, 27, 28, 29, 30, and 31 successively connected with each of the items in the same drawing No. 2 (hereinafter “the part of the building in this case”) owned by the Defendants on the ground in which the land in this case was invaded by the land in this case.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 7, the result of a request for surveying and appraisal to the Director of the Korea Land Information Corporation, the purport of the whole pleadings

B. According to the above facts of recognition, the defendants jointly and jointly with the plaintiff seeking the removal of interference with the ownership based on the ownership, barring any special circumstance, remove structures, such as warehouses, gates, fences, fences, etc. located in the part of the building No. 1 of this case among the land No. 1 of this case, and deliver the site. The defendants are obligated to remove structures, such as gates, fences, fences, etc. located in the part of the building No. 2 of this case among the land No. 2 of this case,

2. Determination as to the defendants' defense

(a) to this;

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