beta
Text
1. The defendant shall be the plaintiff.
A. Of the 704 square meters prior to Kimpo-si, the attached appraisal marks 7, 8, 9, 10, 11, 12, and 7 shall apply.
Reasons
1. Facts of recognition;
A. On November 24, 2001, the Plaintiff is the owner who completed the registration of ownership transfer with respect to C, 704 square meters prior to Kimpo-si, Kimpo-si (hereinafter “instant land”). On February 13, 2007, the Defendant is the owner who completed the registration of ownership transfer with respect to D, 330 square meters adjacent to the instant land (hereinafter “instant adjacent land”) and soil wall, brick, string-to-land, cement block, cement block, cement block and one-story, cement block, one-story, and wooden string-to-story housing (hereinafter “instant housing, etc.”).
B. The Defendant, as a site for the instant land, occupies and uses the land size of 36 square meters in the ship connecting each point of the attached Table 7, 21, 6, 13, 14, 15, 16, 17, 18, 19, 20, 21, 21, 8, and 7, among the instant land, as the land for the instant land. A part of the instant housing, etc., which was connected with each point of 7, 8, 9, 10, 11, 12, and 7, is a construction by breaking the boundary of 21 square meters on the ground of the instant land among the instant land.
[Reasons for Recognition] Unsatisfy, the result of the appraisal commission to the Korea Land Information Corporation by this court, the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the fact that the Defendant occupied and used part of the land of this case owned by the Plaintiff without permission to own the instant housing, etc., the Defendant is obligated to remove the land of this case on the ground (A) part of the instant land, which connects each point of (a) the land of this case to the Plaintiff in order of 7, 8, 9, 10, 11, 12, and 7, and to deliver the land of this case to the Plaintiff a portion of 21 square meters on the ground of the attached Table 7, 21, 21, 6, 13, 14, 15, 16, 17, 18, 19, 20, 21, 8, and 7 of the instant land.
In regard to this, the defendant alleged that he obtained the consent from the plaintiff for free use of the above part of the 36m2 "b", but there is no evidence to acknowledge it, and the plaintiff has long-term period for the defendant.