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(영문) 대구지방법원 2015.06.19 2014가단32912
건물등철거
Text

1. The defendant is against the plaintiffs, and among the Daegu Dong-gu Do-gu 397 square meters, the defendant

(a)each point of Annex 4, 5, 17, 10, 4.

Reasons

1. Determination as to the cause of claim

A. 1) The Daegu Dong-gu Da-gu 397 square meters (hereinafter “instant land”).

(2) On May 19, 2014, each share transfer registration was completed in the names of the plaintiffs with respect to one half of the land in this case. (2) The defendant has connected each of the following points in order: 4,5,6, 7, 8, 16, 15, 14, 13, 12, 13, 14, 15, 16, and 8, among the land in this case, with the line connected each of the above points in order to indicate 4,5, 6, 7, 8, 16, 15, 14, 13, 12, 11, 10, and 4 of the same drawings as the cement block fence (hereinafter “the wall in this case”). In addition, the land in this case is part of the land in this case; (3) the land in this case is part of the land in this case; and (4), 17, 14, 17, 10, 10, and 4.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 5, the result of the survey and appraisal conducted by appraiser E, the purport of the whole pleadings

B. According to the above facts of determination, the defendant is obligated to remove the fence and house of this case to the plaintiffs who are the owners of the land of this case 1 and deliver the land of this case 2.

2. Judgment on the defendant's assertion

A. The Defendant claiming the right to claim the purchase of the instant water and the right to claim reimbursement of beneficial costs, following F’s purchase of the instant housing from F, made substantial increase in the value of the instant land No. 1 and made significant profits for the Plaintiffs, and thus, the Plaintiffs should either purchase the instant housing, etc. or reimburse the relevant expenses.

The defendant is a person who occupies the land of this case without any legitimate title. Thus, the defendant cannot exercise his right to purchase the land of this case, even if he owns the land of this case.

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