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(영문) 광주지방법원 2020.11.20 2020가단507989
건물철거 및 토지인도
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On November 5, 2004, the Plaintiff purchased a building (hereinafter “Plaintiff’s side site”) and completed the registration of transfer of ownership by purchasing a building (hereinafter “Plaintiff’s side site”) and a building on land (hereinafter “Plaintiff’s side building”).

B. D owned a cement fence and a ground building adjacent to the Plaintiff’s land (hereinafter “Defendant’s side site”) located on the Plaintiff’s side, and the cement fence attached to the cement fence located on the Plaintiff’s side.

1. The line connecting each point of Nos. 1 and 8, hereinafter referred to as the “instant wall”).

B) At the boundary of B, part of the land on the part of the Plaintiff’s side (attached Form drawings) along with the Defendant’s side site.

1. The part on the ship (1) which connects each point of No. 1, 2, 3, 7, 8, and 1 in sequence and connects each point of No. 7 square meters, and hereinafter “the part on the instant site”).

(C) On August 6, 2019, the Plaintiff filed a claim against D for unjust enrichment equivalent to the rent due to possession of the instant land by the Gwangju District Court 2019 Ghana3851 (hereinafter “instant previous lawsuit”).

A) On February 7, 2020 due to the sales contract as of December 18, 2019 during the proceeding of the previous lawsuit in this case, D completed the registration of ownership transfer of the Defendant’s land and building on February 7, 2020. D. On the instant site part, the part of the Defendant’s building (in the case of the instant site, 0.12 square meters of the part on the ship (2) connected with each of the items of 11,18,19,12, and 11 of the drawings), the part on the ship connected with each of the items of 11,18, 19, 12, and 11 of the same drawings (3), the part on the main building (20,21, 22, and 200 square meters of the same drawings), the part on the part of the instant building (in the case of this case, 1.04 square meters of the same drawings) connected with each of the items on the spot, evidence No. 12, evidence No. 2, and evidence No. 25-1, and evidence No. 240.

2. The parties' assertion

A. The Defendant without title occupied the part of the instant site owned by the Plaintiff, and thus, the toilets of this case, which were linked to the part of the instant site.

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