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(영문) 대구지방법원 2017.07.21 2016가단2571
건물철거및토지인도등
Text

1. The defendant shall be the plaintiff.

A. Of the land size of 560 square meters of 1, 41, 42, 43, 44, and 41 attached Form 1, among the land size of 560 square meters in the Gyeongdong-gun, Gyeongdong-gun, G

Reasons

1. Facts of recognition;

A. On May 11, 1989, the registration of ownership transfer was made in the name of the Plaintiff with respect to the forest land of this case, the forest land of which is 560 square meters (hereinafter referred to as “the forest land of this case”).

B. On February 17, 2005, the registration of ownership transfer was made in the name of the Defendant on the ground of the instant forest land, with respect to 39m2 and 15m2 (hereinafter “instant housing”) with respect to the cement, brick, cement, brick, and 39m2 on the ground of the instant forest land, and the soil brick, brick, and 15m2 (hereinafter “instant housing”).

Of the forest land in this case, the housing in this case is used in sequence in the part (ma) of the ship connecting each point of about 41, 42, 43, 44, and 41 of the annexed drawing among the forest land in this case, with the area of 19 square meters in the warehouse of the Sejong block block structure and the area of 45,46, 47, 48, 49, 50, and 45 of the same drawing; the housing in this case is used in order to connect each point of 57 square meters in the part (ma) of the same drawing; the housing in this case with the area of 51, 52, 53, 54, and 51 square meters connected each point of 5, 56, 57, 58, and 550 square meters; the housing in this case is used in the area (f) of the land in this case with the area of 10 square meters connected each point of 45,52,000 square meters in each of the land.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and Gap evidence 2-2, result of appraiser D's survey and appraisal, purport of whole pleadings

2. Determination on the cause of the claim

A. According to the facts of recognition as to the removal and the request for extradition, the Defendant is obligated to remove the part of the instant housing to the Plaintiff seeking the removal of interference based on ownership unless the Defendant proves the source of right to possess the forest of this case, and deliver the part of the instant land to the Plaintiff (A).

B. The judgment on the claim for return of unjust enrichment is based on the above facts of recognition.

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