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(영문) 광주지방법원 2017.01.13 2016가단22542
건물철거 및 대지인도
Text

1. The defendant shall leave from the building stated in the attached Table 1 list.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. The Plaintiff is the owner of the land indicated in the attached Table 2 list.

On the above land, the network C constructed an unauthorized building listed in the attached Table 1 list, and the defendant currently resides in the building without a legitimate title.

Therefore, the defendant should move out from the building indicated in the attached list 1, and deliver the land indicated in the attached list 2 to the plaintiff.

2. Even in cases where the owner of a parcel of land fails to be equipped with the right to use the land for the existence of the building and the owner of a parcel of land is entitled to request the removal of the building and delivery of its site, if persons other than the owner of the building occupy the building, the owner of the land shall not implement the removal of the above building unless the possession of the building is removed.

Therefore, since land ownership is affected by the original realization by the above possession, land owner may demand the removal of the building from the building as an exclusion of interference based on his own ownership.

Therefore, the plaintiff can seek the eviction from the building listed in the attached Table 1 list against the defendant.

However, in relation to the request for the delivery of the land listed in the attached list 2, the defendant is merely the possessor of the building listed in the attached list 1, and the owner is not the owner, and it cannot be deemed that he occupies the land listed in the attached list 2, and the claim for

3. Judgment by publication: Article 208 (3) 3 of the Civil Procedure Act.

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