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(영문) 전주지방법원 2018.02.14 2016나11403
건물등철거
Text

1. The part concerning the principal lawsuit in the judgment of the court of first instance shall be revoked, and all of the claims of the plaintiff (Counterclaim defendant) shall be dismissed.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is an owner of 11,752 square meters of forests and fields C in Jeonju-gun, Jeonju-gun (hereinafter “Plaintiff’s land”).

B. On April 1981, the Defendant purchased D-1,013 square meters adjacent to the Plaintiff’s land, E-ware site 1,361 square meters (hereinafter “Defendant’s land”) and its ground buildings, and paid the balance of the purchase price and received the delivery of the said land and buildings on the 23th of the same month.

The Defendant owns, on the Defendant’s land, cement block structure 89.27 square meters, 42.07 square meters attached to the cement block structure, 42.07 square meters attached to the cement block structure, and 298.77 square meters attached to the cement block structure warehouse (hereinafter the above buildings collectively referred to as “instant building”). At present, part of the wall surrounding the instant building was installed in accordance with each of the attached Form 1, 69, 70, 72, 73, 74, 84, 84, 83, 82, 81, 86, 85 of the attached Form 1, 85, 86, 87, 88, and 85 of the wall, and part of each of the instant buildings was connected to each of the above buildings (a) and each of the aforementioned drawings indicated in the attached Form 29 square meters and 7, 78, 87, 87, 87, and 87).

C. Of the instant buildings, the foregoing houses and their accessory houses were registered in the building ledger around 1977, and around 1978, the stable was newly built adjacent to the said house, and the said stable was partially removed, and some of them were changed into the warehouse among the instant buildings.

[Based on Recognition] Evidence A, Evidence Nos. 1 and 2, Evidence Nos. 11 through 16, Evidence Nos. 11 through 1, and Results of each request for surveying and appraisal to the Korea Land Information Corporation by the court of first instance, the purport of the whole pleadings by the court of first instance

2. The parties' assertion

A. On the part (B) of the Plaintiff’s land, which connects each point of No. 85, 86, 87, 88, and 85 of the annexed drawing No. 1 to the Plaintiff’s land without any title, and (a) of No. 74, 84, 83, 82, 82, 81, 87, 88, 76, 75, and 74 of the annexed drawing No. 1 to the Plaintiff’s land.

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