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(영문) 청주지방법원 2020.01.17 2019나11198
건물등철거
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On July 4, 1991, the Defendant acquired the ownership of D & D 199 square meters (hereinafter “Defendant’s land”). On June 29, 200, the Defendant newly constructed a reinforced concrete structure and a building of the lux roof (hereinafter “Defendant’s housing”) on the Defendant’s land, and obtained approval for the use thereof, and completed registration of ownership on August 27, 2002.

B. On October 13, 2009, the Plaintiff acquired the ownership of the instant land (hereinafter “Plaintiff’s housing”) with respect to the instant cement block block block structure, studio housing (hereinafter “Plaintiff”) adjacent to the Defendant’s land, and on February 7, 2014, the Plaintiff acquired the ownership of the instant land adjacent to the Defendant’s land (hereinafter “instant land”).

C. Of the Defendant’s housing, the part on the part (B) of the ship connecting each point of 7, 8, 21, 20, 19, 18, and 7 of the attached appraisal map in order to each point of 7, 20, 21, 8, 9, 10, 22, and 20 of the attached appraisal map (hereinafter “the part on the part on the part on the part of the building”) and the part on the concrete package of the purification tank connected each point of 20, 21, 8, 9, 10, 22, and 20 of the attached appraisal map in order to connect each point of 23, 24, 25, 26, and 23 of the aforesaid appraisal map to each point of 23, 23, 24, 25, 26, and 23 of the aforesaid part on the part (c) of the concrete packaging each of the instant land.

[Ground of recognition] A without dispute, Gap evidence 1, 3, Eul evidence 2 (including number number; hereinafter the same shall apply), the result of the commission of appraisal to the voice branch office of the Korea Land Information Corporation in the first instance court, the purport of the entire pleadings

2. The assertion and judgment

A. According to the above facts as to the cause of the claim, it is recognized that the defendant occupied the part of the instant beds among the land in this case, thereby hindering the plaintiff's exercise of ownership. Thus, the defendant is obliged to remove each part of the instant beds and deliver each part of the land to the plaintiff.

(b).

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