logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원밀양지원 2020.12.15 2020가단911
건물철거등
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On January 23, 2018, the Plaintiff donated C’s land and D’s adjacent land from E, and completed the registration of ownership transfer in its name on January 25, 2018.

B. After that, the procedure for compulsory auction was commenced at this court F with respect to D land, and the defendant acquired the ownership of D land at the above auction procedure on May 9, 2014.

C. The Defendant, while cultivating crops in D land, installs and owns a vinyl house (hereinafter “the instant vinyl house”) in the vicinity of the boundary adjacent to the said land and C land.

[Ground of recognition] Facts without dispute, entry or video of Gap evidence Nos. 1 through 4, purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The summary of the Plaintiff’s assertion was from around 2015 to the Defendant occupied the Plaintiff’s land without permission, and installed the instant vinyl and cultivated crops. Therefore, the Defendant removed the instant vinyl house to the Plaintiff, and removed the Defendant’s crops as planted on the land C (hereinafter “instant crops”).

(2) The Plaintiff is not able to comply with the Plaintiff’s claim, unless the boundary between the land and the D land is measured, and the Plaintiff’s claim is not able to comply with the Plaintiff’s claim, unless the boundary between the land and the D land is measured. (2) The Plaintiff’s claim is not able to comply with the Plaintiff’s claim. (3) The Plaintiff’s claim is not able to comply with the Plaintiff’s claim.

B. In full view of the overall purport of the pleadings in the video of Gap evidence No. 1, it is recognized that the airline of 2019, part of the crops cultivated by the defendant were planted on the land above C, and that part of the greenhouse of this case was partially invaded on the land above C.

However, the above facts and the evidence presented by the Plaintiff alone are as follows.

arrow