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(영문) 부산지방법원 서부지원 2018.08.28 2018가단100425
건물등철거
Text

1. The Plaintiff: Between the area of a road of 1042.3 square meters in Busan Seo-gu;

A. Defendant A shall have the respective points indicated in the separate sheet No. 1,2,3,4,1.

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the overall purport of the pleadings at each video of Gap evidence 1, evidence 2, and 2-3, and evidence 3-1, 2, 3, and 4:

On February 28, 2005, the registration of ownership transfer was completed in the name of the Plaintiff on February 28, 2005 with respect to the land of 1042m23m2 (hereinafter “instant land”).

B. Defendant A owned a container building on the ground of 19.2 square meters on the part of the ship (A) connected to each point in order to indicate 1,2,3,4, and1 of the instant land, and occupied the said part of the land.

C. Defendant B owned a container building on the ground of 7m2, which connects each point of 5,6,7,8,5 of the instant land in sequence, among the instant land, and occupied the said part of the land.

Defendant C owned a container building on the ground of 4.7 square meters in sequence of the indication of the annexed drawings among the land in this case, and occupied the above part of the land by owning a container building on the ground of 4.7 square meters.

E. Defendant D owned a container building on the ground of 21.4m2 that connects each point of the attached Form 13,14,15,16,13 among the land in this case, and occupied the said part of the land.

2. According to the facts of the above recognition, the plaintiff is presumed to be the owner of the land in this case. The defendants owned each of the above container provisional buildings on each of the above land and possess at least the above part on the ground where the container provisional building is installed. Thus, the defendants are obligated to remove each of the relevant container provisional building and deliver the article in possession [the above (A), (b), (c) and (d)] to the plaintiff, unless there are special circumstances.

As to this, Defendant A’s claim for removal and delivery of the instant land only to himself/herself even though there are other possessors.

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