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(영문) 창원지방법원밀양지원 2016.11.29 2015가단11344
건물등철거
Text

1. The defendant, among the land size of 552 square meters in Yangyang-si, the plaintiffs each point of which is indicated in the annexed drawing No. 1, 13, 14, 12, and 1.

Reasons

On July 4, 2011, the plaintiffs purchased the plaintiffs' land from non-party E with 1/2 equity shares, and completed the registration of ownership transfer on July 8, 201.

The defendant owns the land immediately adjacent to the plaintiffs F and G land and the buildings above it (hereinafter referred to as the "the buildings of this case").

Of the plaintiffs' land, the attached Form 1, 13, 14, 12, and 1 are installed on the ground of part 6m2 of the 2nd m2 (hereinafter "attached Form 2") connected with each point of the attached Form 1, 13, 14, 12, and 1.

[Ground of recognition] A without any dispute, Gap evidence Nos. 1 through 3 (including all of them; hereinafter the same shall apply), Gap evidence Nos. 6, and this court's appraisal results against the enclosed branch of the Korea Land Information Corporation on May 2, 2016 and the purport of the entire pleadings and the purport of the removal of buildings and the duty to deliver land, barring any special circumstance, the defendant is obligated to remove the part of the attached drawings No. 1 to the plaintiffs and deliver the above sub-paragraph.

The summary of the Defendant’s defense against the prescriptive acquisition defense is as follows: (a) since the construction of the building in this case, the period of possession on the part of the attached Form (B) is more than 20 years from the previous owner of the building to the Defendant; (b) the Defendant’s prescriptive acquisition on the part

Therefore, the Plaintiffs cannot seek to the Defendant the removal of the ground fence and the delivery of the above-mentioned portion.

Judgment

According to the purport of Gap evidence No. 2-2 and the whole pleadings, the building of this case was completed around 1989, and thereafter, the non-party Eul completed the registration of ownership transfer on December 11, 1997 due to the sale on December 5, 1997. The non-party I succeeded to H by a consultation division on June 14, 2004 and acquired the ownership on the same day. The defendant completed the registration of ownership transfer on September 18, 2007 due to the sale on August 20, 2007.

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