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(영문) 수원지방법원여주지원 2017.04.06 2016가단761
건물등철거
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. Of the 479 square meters of C forest land in Sju-si, indication 1, 2, 3, 4, 4.

Reasons

The main lawsuit and counterclaim are also examined.

1. Facts of recognition;

A. On November 20, 2015, the Plaintiff purchased C forest land 479m2 (hereinafter “the instant land”) and completed the registration of ownership transfer on November 20, 2015.

B. On April 20, 1981, the Defendant acquired the ownership of 164 square meters (hereinafter “the Defendant’s land”) in Tonju-si, which is adjacent to the instant land. Around July 1995, the Defendant constructed a slive and slive roof single-story housing (hereinafter “instant housing”) on the said land.

However, on the ground of the section 54 square meters in part of the “bb” portion of the instant land (hereinafter “part of the instant land”), which connects each point of the attached drawing Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 1 among the instant land, part of the instant land is constructed or installed, as follows, stairs, toilets, storages, conventional wells, and water measuring instruments (hereinafter “each part of the instant land”). Accordingly, the Defendant occupies and uses part of the instant land.

The portion on board (A) connected with each point of the attached Table 1, 2, 3, 4, 5, 6, 7, 7, 8, 9, 10, and 1 in sequence, and the part on board (a) of the same map and the part on one-story roof housing with 21 square meters; 6,5, 4, 11, 12, 13, 14, 15, 16, 17, 18, 19, 19, and 20 square meters of stairs; 13 square meters of the same map; 20, 21, 22, 23, and 20 square meters of the same map; 14 square meters of the same map, 16, 16, 16, 17, 14, 16, 16, 16, 16, 16, 17, 16, 14, in sequence connected with each point.

C. The location of the instant land and the land owned by the Defendant and the adjoining land are as shown in the attached cadastral status survey result map (which was prepared on September 12, 2016), and the F land up to the land owned by the Defendant and E, and the passage road of this case, which is the part of the instant land.

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