beta
Text
1. In the order of the Defendant, among 70 square meters per 70 square meters per 1, 2, 14, 13, 4, 12, 12, and 1 of the annexed drawings, all of which are attached to the Plaintiff in Kim Sea.
Reasons
1. Determination on the cause of the claim
A. The facts of recognition can be acknowledged in full view of the following: (a) the fact that the Defendant installed a building and a fence on the part of 23 square meters in the ship connected each point of 1, 2, 14, 13, 4, 12, and 1, among the land size of 70 square meters in the attached Form No. 1, 1, 2, 14, 13, 4, 12, and 1, which are owned by the Plaintiff, and that the Defendant occupied the land portion of the instant case, or that the Defendant did not dispute between the parties, or that the Defendant occupied the land portion,
B. According to the above facts of recognition, the defendant is obligated to remove the buildings and fences installed on the instant land portion and deliver the said land portion to the plaintiff, except in extenuating circumstances.
2. Judgment on the defendant's assertion
A. On June 8, 1972, the Defendant: (a) purchased the land of Kimhae-si adjacent to the instant land; and (b) constructed a building on or around May 15, 1985 after completing the registration of ownership transfer on the said land; (c) upon the death of D on July 14, 200, F succeeded to the said land and buildings; (d) on May 30, 2012, the Defendant purchased the said land and buildings from the above F and completed the registration of ownership transfer on June 25, 2012; and (e) thereafter thereafter occupied the said land after the completion of the registration of ownership transfer on the said land of this case, D, F, and the Defendant occupied them with the intention to own part of the said land of this case with the knowledge that the said land of this case was a part of the said E site; and (e) accordingly, the statute of limitations has elapsed from June 15, 2015 to June 25, 2012.
Therefore, it is allowed to seek against the defendant the removal of the above part of the land in this case and the transfer of the above part of the land.