(영문) 광주지방법원순천지원 2015.12.02 2015가단72594

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(영문) 광주지방법원순천지원 2015.12.02 2015가단72594

건물등철거

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1. The Plaintiff:

A. Defendant A, among 100 m2, indicated on the attached sheet No. 1, 2, 3, 4, 17, 13, 14, 14, among 1,00 m2,000 m2.

Reasons

1. The following facts are acknowledged, either in dispute between the parties, or in full view of the purport of the entire pleadings and arguments as a result of the survey and appraisal conducted by appraiser A and appraiser D.

A. On May 4, 2015, the Plaintiff acquired ownership of the land indicated in the disposition (hereinafter “instant real estate”) during the public auction procedure.

B. Defendant A is the owner of cement brick brick studio housing 5.1 square meters and cement brick sloping roof 3.6 square meters (hereinafter “the instant building”) of cement brick slives of cement slives and slives of brick slives (hereinafter “the instant building”) at the time of filtering water adjacent to the instant real estate.

C. Defendant B, as the head of Defendant A, acquired the ownership of the instant building on September 29, 1981, but transferred the ownership of the said building to F on March 26, 2001 through the auction procedure. After that, Defendant A purchased the instant building from F on April 4, 2001 and acquired its ownership, Defendant B is residing in the instant building until the date of closing argument.

However, unlike the entry in the registry, the instant building has a 10 square meters portion on the instant real estate owned by the Plaintiff, which is located in the part of 10 square meters in line with the indication of the attached Table 1, 2, 3, 4, 17, 13, 14, and 1, such as 22 square meters in line with the indication of the attached Table 1, 2, 3, 4, 17, 13, 14, 14, and 10 square meters in line with the indication of the attached Table 1, 6, 19, 18, and 5. The remaining part of the instant building, other than the part occupied by the instant building, is used as a group of trees, etc., which are managed by the Defendants as a passage to or for the instant building.

2. The assertion and judgment

A. According to the above facts, Defendant A removed the above part of the building owned by the Defendant as long as he did not prove a legitimate title of possession.

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