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(영문) 의정부지방법원 2016.08.09 2015가단104190
건물철거 및 토지인도 청구의 소
Text

1. The defendant shall be the plaintiff.

A. Of the buildings on the land of 195 square meters in Macheon-si, the attached appraisal map shall be indicated in the attached Form 7, 8, 9, 5, 6, 7.

Reasons

1. Facts of recognition;

A. On March 4, 2014, the Plaintiff acquired ownership based on voluntary auction and completed the registration of ownership transfer on that day.

B. On March 6, 2001, the Defendant completed the registration of ownership transfer with respect to D & 46 square meters adjacent to the Plaintiff’s land (hereinafter “Defendant’s land”) and the above ground mentmen, brick, and sapap assessment house and store (hereinafter “Defendant’s building”).

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C. The Defendant, among the land owned by the Plaintiff, occupied and used the part of the instant intrusion and the portion of the instant “cream section” on the part of the building owned by the Defendant and the portion of the instant “cream section” on July 18, 2015, where the instant lawsuit is pending with respect to the part on the ground of 4m2 in the part of “B” (hereinafter “the instant part on the part on the instant intrusion”), which connects each point of 8, 11, 10, 9, and 8m2 on the ground of 7, 8, 9, 5, 6, and 7m2 of the attached appraisal sheet among the land owned by the Plaintiff. The Defendant delivered to the Plaintiff on July 18, 2015, the instant part on the part on the part on which the instant lawsuit is pending.

Plaintiff

The annual rent from March 4, 2014 to March 3, 2015, is 7,117,500 won (=36,500 won (per one square meter) x 195 square meters) and the annual rent from March 4, 2014 to July 13, 2015 is 6,271,200 won (per one square meter).

[Ground of recognition] A without dispute, entry of Gap evidence 1 to 5-2, result of appraiser E’s appraisal of cadastral status, result of appraiser F’s rent appraisal, purport of the whole pleadings

2. Determination as to the claim for removal and delivery of the part on the instant bed part

(a) Determination as to the cause of the claim 1) Ownership of land shall be extended under the upper limit of the land to the extent of legitimate benefit (Article 212 of the Civil Act), and ownership may be demanded from the person who possesses the property (Article 213 of the Civil Act), to return the property (Article 213 of the Civil Act), and from the person who disturbs ownership, to remove the disturbance (Article 214 of the Civil Act).

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