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(영문) 청주지방법원제천지원 2019.01.24 2018가합10374
건물등철거
Text

1. The Defendant points out to the Plaintiff each of the attached drawings 27 to 39, and 27, among the land size of 347 square meters prior to C and D forest land 1,200 square meters.

Reasons

1. Determination as to the cause of claim

A. According to the purport of Gap evidence Nos. 1 through 6 (including a land number; hereinafter the same shall apply) and the entire pleadings, the plaintiff is the owner of Chocheon-si 347 square meters and D 1,200 square meters of forest land (hereinafter the "each land of this case"), and the defendant is the owner of a building without permission for the land of this case (hereinafter the "building of this case") connected in order to each of the items of the annexed drawings Nos. 27 through 39, and 27 among each land of this case.

B. Therefore, the defendant is obligated to remove the building of this case and deliver the part of the land in dispute to the plaintiff, unless there are special circumstances, such as the right holder to possess the part of the land in dispute.

2. The defendant's assertion and judgment have been argued to the effect that since since around 1998, the land in the dispute was leased and resided in KRW 90,000 per annum from E, the former owner of each land of this case, and around November 2010, the defendant has been occupying and using the land in the dispute until now with the consent to use the land in the dispute. However, there is no evidence to acknowledge the defendant's assertion.

The defendant's assertion is not accepted.

3. It is so decided as per Disposition by admitting the plaintiff's claim in its entirety.

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