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(영문) 대전지방법원 2016.06.22 2015가단17491
콘크리트포장 등 철거
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 11, 1991, the Plaintiff completed the registration of ownership transfer with respect to the area of 25 square meters (hereinafter “C”) prior to Daejeon Jung-gu, Daejeon.

B. In addition, the Plaintiff completed the registration of ownership transfer as to the Daejeon-gu Daejeon-gu Daejeon-gu Daejeon-gu 399 square meters (hereinafter “D land”) adjacent to the land C on the same day. On July 30, 2007, E completed the registration of ownership transfer based on the donation of D land, and E completed the registration of ownership transfer based on sale on July 21, 2014 to the Defendant.

C. On November 21, 2014, the Defendant newly constructed a four-story detached house after purchasing D land, and completed registration of initial ownership relating to the said building.

C Of the land, the part (i) of 20 square meters (hereinafter referred to as “part (i) land”) connected in order to each point of Annex 1, 5, 6, 3, 8, 4, and 1 among the land attached to Annex 1 is used as a concrete package for the passage in front of the D ground building.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 3, result of the verification by this court, result of the appraisal by the Daejeon Vice-Governor of the Daejeon National Land Information Corporation, the purport of the whole pleadings

2. Plaintiff’s assertion and determination as to the cause of claim

A. Since the plaintiff's assertion without a legitimate title carries out concrete packaging on the part of the land owned by the plaintiff and occupies the above land, the defendant has a duty to remove concrete packaging on the part of the land owned by the plaintiff and deliver the above land to the plaintiff.

B. The following circumstances can be acknowledged in full view of the statement No. 3, the fact-finding results to the head of the Jung-gu Daejeon Metropolitan City, and the purport of the entire pleadings.

① On May 1, 1997, the Plaintiff submitted a construction report to construct a new house on the ground of D’s land to the head of the Daejeon-gu Daejeon-gu, Daejeon-gu, along with the construction report attached Table 2 that the plot of land among D’s land is included on the road.

(2) Part of D and part of D land (i) inboard.

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