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(영문) 춘천지방법원 2014.12.17 2013가단16186
퇴거 청구의 소
Text

1. The defendant, on the ground of 6,610 square meters above B prior to the Chuncheon City in the annexed drawing, is a single-story house on the part of the plaintiff.

Reasons

1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in the entries and images of Gap evidence 1 to 5, Eul evidence 1 and 2 (including paper numbers), together with the purport of the entire pleadings.

After the registration of ownership transfer was completed in the Plaintiff’s future on November 3, 1989 on the ground of a consultation on public land as of November 8, 1989 on the part of B, 142 square meters prior to Chuncheon-si on the ground of the Plaintiff’s acquisition of public land as of November 3, 1989, the result of the Plaintiff’s combination of land C, D, E, F, G, H, I, J, K,K, and L, which were acquired by the Plaintiff on the ground of a consultation on the public land as of November 3, 1989, became 6,610 square meters prior to B (hereinafter “instant land”).

B. Meanwhile, the transfer registration of ownership was completed in M on December 16, 1989 for the I land prior to the annexation, and the plaintiff 1-A.

The ownership was acquired under the circumstances such as Paragraph 1.

C. A building (hereinafter “instant building”) is constructed on the ground of the I’s land before the annexation as indicated in the annexed drawing, and the instant building is an unauthorized building.

Pursuant to the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”), the Plaintiff paid 5,687,500 won of compensation on March 23, 1990, and 10,861,030 won of compensation on August 29, 192 to M who is the owner of the instant building, respectively. The said compensation is compensation for all obstacles to the instant building and the ground of the instant land.

E. M removed from the instant building around 2009.

F. However, after the Defendant entered into a sales contract for the instant building with M on October 30, 2009, it has been occupied and used until now after being transferred the instant building.

2. According to the above facts finding as to the plaintiff's claim, inasmuch as the defendant has no title to possess and use the building of this case, he is obligated to leave the building of this case to the plaintiff seeking removal of disturbance as the disposal authority of the land of this case and the building of this case.

3. Judgment on the defendant's assertion

A. The defendant alleged, 1 M is from the plaintiff.

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