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(영문) 인천지방법원 2018.10.24 2017나68045
건물등철거
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The appeal costs.

Reasons

1. The reasoning of the judgment of the court of first instance citing the reasoning of the judgment is as follows, except that "3." of the judgment of the court of first instance referring to the judgment on the main claim and the counterclaim claim," and thus, it is identical to the reasoning of the judgment of the court of first instance citing it as is in accordance with the main sentence

2. Determination on the principal lawsuit and the counterclaim claim

A. In light of the following circumstances, the evidence submitted by the Defendants alone is insufficient to prove that the Defendants occupied the part of the instant aggression with the intent to own the land for at least 20 years, including the possession of the former owner of the instant building, and there is no other evidence to prove otherwise.

1) At the time of construction in around 1974, the instant building was “16.63 square meters for the first floor, 2 stories, 43.97 square meters for the second floor.” However, around 1985, the two stories extended in the building ledger were reflected and “116.63 square meters for the second floor, 103.97 square meters for the second floor” (the real estate registration register was reflected in around 1993.

(2) Around 2001, the portion of the third floor extended to the building ledger was reflected in the 79.32 square meters, and “16.63 square meters per one story, 103.97 square meters per two stories, and 79.32 square meters per three stories” (the real estate register was reflected in around 2008.

After that, the area entered in the public register on each floor of the building of this case is no longer changed, and the present "area of public injury" and "area of actual use" of the building of this case are as follows:

The actual area difference on the public record (i.e., the actual area of the building and the area of the public wound) 116.63 square meters per 16.63 square meters per 161.00 square meters per 46.37 square meters per 153.07 square meters per 153.07 square meters and 49.03 square meters per 49.03 square meters, and 79.32 square meters per 86.00 square meters, and 6.68 square meters per 15.62), the Defendants are liable to change the area on the building register when the building in this case was extended (i.e., the area on the

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