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(영문) 광주지방법원 2020.12.17 2020가단502106
건물등철거
Text

The Defendant, as the Plaintiff

A. Of the land size of 364m2 in Jeonyang-gun, the Plaintiff’s agent indicated in the attached Form 8, 16, 15, and 14.

Reasons

1. Basic facts

A. On July 26, 2018, the Plaintiff is the owner of the instant land, who purchased a 364m2 from Jeonyang-gun, Jeonyang-gun (hereinafter “instant land”) and completed the registration of ownership transfer on September 6, 2018.

B. On January 20, 1990, the Defendant purchased 489 square meters adjacent to the instant land, and completed the registration of ownership transfer on March 12, 1990. Around 1994, the Defendant constructed 54.8 square meters on the above land, a wooden pole and a branch roof, each of which was 54.8 square meters on the above land, and completed the registration of ownership preservation on January 27, 1994. Around 2004, the Defendant constructed 71.64 square meters of a brick structure (reficial concrete) concrete roof and a single house on the above land, and completed the registration of ownership preservation on December 18, 2019.

(hereinafter referred to as “E building” by combining various types of equipment and detached houses owned by the Defendant located on the above land.

The building E owned by the Defendant, among the land in this case owned by the Plaintiff, is built by settling down part (D) of 27 square meters in the ship (hereinafter “part (d)”) connected with each point of the attached Form 8, 16, 15, 14, 7, 7, and 8 among the land in this case owned by the Plaintiff. On the line connected each point of the attached Form 4, 5, 6, 7, 15, 14 in sequence, a stone shed owned by the Defendant is installed. On the line connected each point of the attached Form 4, 5, 6, 7, 15, 14, and 14, the part (c) connected each point of the attached Form 14, 13, 6, 7, 15, 14 (hereinafter “part (d) of this case”) and the part (d) of the attached Form 13, 12, 4, 5, 6,13 are connected in sequence with each point (hereinafter “land”).

At present, the Defendant occupies a total of 35 square meters of land in the instant case (B), (c), and (d).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, result of a request for surveying appraisal by this court, purport of whole pleadings

2. The assertion and judgment

A. 1) According to the above facts finding as to the cause of the claim, according to the above finding as to the removal and the request for extradition, the Defendant without any title title to the E-building and the construction of the land in question (the part D).

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