logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.08.26 2015가합1038
건물등철거
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On January 29, 1985, buildings listed in the Attachment No. 3 (hereinafter “instant building”) were newly constructed on the ground of Namyang-si, Nam-si, the neighboring land Nos. 1 and 2 (hereinafter “the third land”). On January 18, 1992, F and G (hereinafter “F, etc.”) completed each registration of ownership transfer on the ground of sale on October 17, 2003.

On October 24, 2007, the Plaintiff completed the registration of ownership transfer on the land Nos. 1 and 2 of this case.

B. At the time of construction on January 29, 1985, the instant building was constructed by 4m2 connected each point of Annex 1 drawings 9, 16, 15, 14, and 9 among the instant land. As of the date of closing argument in the instant case, a provisional building (hereinafter “instant provisional building”) is also constructed on the ground of Annex 3 as of the date of closing argument in the instant case. The instant provisional building is 3m2 connected each point of Annex 2 drawings 1, 2, 3, 4, 5, 6, and 1 among the instant land 1 and 2.

In addition, as of the date of closing argument of this case, a fence (hereinafter “instant fence”) is installed on the part of the land Nos. 1 and 2, which was connected in order to 10, 11, 12, and 13, indicated in the Attached Map No. 10, 11, 12, and 13, among the land No. 1 and 2 of this case.

[Ground of recognition] Each entry in Gap evidence Nos. 3, 4, 5, 6, and Eul evidence Nos. 1 through 5 (including numbers; hereinafter the same shall apply), witness H, G testimony, appraiser I's survey and appraisal, the result of this court's request for the measurement and appraisal of the South and North Korea Land Information Corporation, the purport of the whole pleadings

2. According to the above facts based on the determination on the cause of the claim, the Defendant occupied and used the land of this case located within the wall of this case, which is 1, 10, 11, 12, 13, 14, 9, 16, and 18 square meters for the part 44 m2 and 18 square meters for the ship connected in the attached drawing No. 1, 10, 11, 12, 13, 14, 9, 16, and 1.

arrow