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(영문) 대전지방법원천안지원 2019.12.12 2018가단114712
건물등철거
Text

1. The Defendant (Counterclaim Plaintiff) is not less than 430§³ for the Plaintiff (Counterclaim Defendant) in Ansan-si;

(a)Attachment 1 9, 10, 11, 13, 12.

Reasons

1. Basic facts

A. On May 11, 2007, the Plaintiff purchased C & 430 square meters (hereinafter “Plaintiff’s land”) in ASEAN-si around May 11, 200, and completed the registration of ownership transfer in its name on May 28, 2007.

B. On December 10, 1990, the Defendant obtained approval for the use from the Asan City for cement and transformering bricks and 81.49 square meters of housing at the cement and ground roof at Asan City (hereinafter “Defendant’s building”), and completed registration for the preservation of ownership on the Defendant’s building under its own name on December 12, 1990.

C. Of the Plaintiff’s land, part of the Defendant’s building (including part of women) is constructed on the size of 16 square meters on the part of “B” in the ship connected with each point of the attached Table 1 appraisal map No. 9, 10, 11, 13, 12, and 9, and the Defendant installs concrete on the part “B” in the Plaintiff’s land, which connects each point of the attached Table No. 2 appraisal map No. 7, 8, 9, 10, 11, 12, 7, and 7, and waterworks facilities are installed on the 7 square meters of “B” portion in the ship, which connects each point of the attached Table No. 2 appraisal map No. 6, 7, 12, and 6.

(hereinafter above, (1) and (3) the combination of each part of land (hereinafter referred to as "the part of the instant crime") . [Grounds for recognition] The fact that there is no dispute, the entry of evidence No. 1-1 and No. 2-2, the result of this court's request for measurement and appraisal of the ASEAN mountainous district by the Korea Land Information Corporation, the purport of

2. According to the facts of the judgment on the claim of the principal lawsuit, the Defendant occupied the part of the instant bed and interfered with the Plaintiff’s ownership. Thus, barring any special circumstance, the Defendant is obligated to remove the buildings, concrete, and chemical parts of the instant bed and deliver the land of the instant bed part to the Plaintiff, barring special circumstance.

3. Determination on the Defendant’s claim for the prescriptive acquisition of the principal lawsuit and the Defendant’s counterclaim

A. The summary of the Defendant’s assertion is from December 10, 1990 to December 10, 1990, the Defendant occupied the part of the instant intrusion with its intention to own it in a peaceful performance. As such, the part of the instant intrusion around December 9, 2010, which was 20 years thereafter.

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