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1. The Defendant, among the land size of 109 square meters in Bocheon-si, ordered the Plaintiff to each point of the attached Form 6, 7, 8, 14, 15, 16, and 6.
Reasons
1. Basic facts
A. On April 1, 201, the Plaintiff completed the registration of transfer of ownership on the ground of “sale on March 31, 201,” with respect to the land of Bocheon-si, Jeoncheon-si, 109 square meters (hereinafter “instant land”). B. The Defendant completed the registration of transfer of ownership on the ground of “ inheritance by consultation on July 6, 1993,” with respect to the land of this case, 205 square meters adjacent to the instant land (hereinafter “Defendant’s land”) and completed the registration of transfer of ownership on the ground of “the inheritance by consultation on July 6, 1993,” and completed the registration of registration of transfer of ownership on the cement block set of the Defendant’s land and the 75.13 square meters of a single-story house on the ground of the land of this case.
C. Of the above Defendant-owned housing, “B” portion of the attached drawings in the ship connected each point of 8, 9, 10, 13, 12, 16, 15, 14, and 8 is a construction of 28 square meters of the instant land (hereinafter referred to as “the instant building part”). The portion of “B” in the ship connected each point of 6, 7, 8, 14, 15, 16, and 6 of the same drawings are used as a site, etc. for the housing owned by the Defendant (hereinafter referred to as “the instant part of the instant building”), which successively connects each point of 10 through 13, and 10,000 square meters of the same drawings and 18 square meters of the same drawings in the ship connected each point of 6,7, 8, 14, 16, 14, and 6.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 and Eul evidence 2-2, the result of this court's entrustment of appraisal to the Korea Land Information Corporation, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of the claim, the defendant occupied the part of the land on the affected land of this case through the ownership of the part of the building of this case, thereby hindering the plaintiff's exercise of ownership. Thus, the defendant is obligated to remove the part of the building of this case to the plaintiff and deliver the part of the land on the affected land of this case,
B. On June 21, 1973, the network E, which is the defendant's summary of the defendant's argument and decision 1, purchased the above ground buildings under the condition of the defendant's land and unregistered building and thereafter purchased it.