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(영문) 창원지방법원진주지원 2020.07.23 2019가단5891
건물등철거
Text

1. The Defendant: (a) is one of the three hundred and thirty-one square meters in Hadong-gun, Chungcheongnam-do, Chungcheongnam-do; (b)

(a) Appendix 1 (Attachment 1) 1 to 5 and 1, respectively.

Reasons

1. Determination on the cause of the claim

A. On May 18, 2017, the Plaintiff: (a) on May 18, 2017, the Plaintiff: (b) Nonparty D’s land on the part of the Plaintiff (hereinafter “Plaintiff’s land”).

On May 19, 2017, the Plaintiff purchased the land and completed the registration of ownership transfer in the name of the Plaintiff on the Plaintiff’s land on May 19, 2017. (2) Gannam-do E-gun, Dong-dong (hereinafter “Defendant’s land”) is located on the same side of the Plaintiff’s land.

3) On January 5, 1961, Nonparty F, the Defendant’s partner, purchased the Defendant’s land. Nonparty F, around 1972, purchased the Defendant’s land on the part of the Plaintiff’s land, which connected each point of (i) 1 through 5, and 1 in sequence, on the part of (i) on the part of the Plaintiff’s land (hereinafter “instant warehouse”).

(2) The Plaintiff’s land on the Plaintiff’s side of 1972 to 1973, and the Plaintiff’s wall (hereinafter “this case’s wall”) was installed on the line connected each point in the attached Form 13 to 21, in order of the appraisal indicated in (2) of the land on the Plaintiff’s side.

F) The portion on the ship (b) and 52 square meters (hereinafter “the part on the Defendant’s possession”) connected in sequence 9, 10, 11, 13, 22, and 9 of the Plaintiff’s land on the part of the Plaintiff.

4) On December 31, 1989, F donated the land on the part of the Defendant to the Defendant. At the same time, the Defendant succeeded from F to the possession of the warehouse of this case, the right to the fence of this case, and the part of the Plaintiff’s possession of the land on the part of the Defendant.

On January 5, 2007, the defendant completed the registration of ownership transfer on the defendant's land under the name of the defendant.

[Ground of recognition] Gap evidence Nos. 2, 3, 5, Eul evidence Nos. 5, Eul evidence Nos. 5, the result of this court's request for surveying and appraisal of the Korea Land Information Corporation, the purport of the whole pleadings

B. According to the above facts of determination, the defendant owned the warehouse of this case and the fence of this case on the plaintiff's land, and occupied the part of the defendant's land on the plaintiff's land, and thereby hindering the plaintiff's ownership as to the plaintiff's land. Thus, the defendant removed the warehouse of this case and the fence of this case respectively, and the plaintiff's side.

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