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(영문) 춘천지방법원 원주지원 2018.04.24 2016가단30301
손해배상(기)
Text

1. The claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

Plaintiff

B’s land and building ownership 1) On December 28, 2000, the Plaintiff changed the land category as of May 3, 2002.

hereinafter referred to as “the Plaintiff’s land”

B) Between March 2001 and May 2001, 2001, the Plaintiff’s house of this case is the 101.5 square meters on the second floor of the apartment house of the 2nd floor of the asphalt Gogle Gogle Gogle, Busan, and 54.17 square meters on the ground (hereinafter “the Plaintiff’s house”).

(2) On September 29, 2003, B constructed the Plaintiff’s housing and completed the registration of ownership preservation on the Plaintiff’s housing of this case. (2) B is an owner of the share of 1,990/6,721 square meters (hereinafter “instant land”).

The Plaintiff’s land and the instant land were first registered in the cadastral record at the time of the implementation of the land research project, which was implemented from around 1910 to 1918, in Gangwon-gun E-gun, Gangwon-do, the developments leading up to the division, etc. of the instant land B, and 1,320 square meters.

On February 15, 1983, E’s land became D 3,787 square meters (12,519 square meters) in Suwon-si, Nowon-do, due to the administrative district and lot number change, and thereafter, on June 1, 1983, the remainder of 6,721 square meters was divided into G land, H land, and I land and became B land of this case.

The above F land was the Ji-si 1,320 square meters (4,364 square meters) of the original city due to the change in administrative district and the change in the lot number, and the land of this case was divided on March 30, 199.

On March 29, 2007, the Plaintiff and B filed a lawsuit against the Plaintiff seeking removal of the land and delivery, asserting that “The Plaintiff without any title installs fences, stone embankments, and trees corresponding to the appurtenances attached to the Plaintiff’s instant housing on the land B without any title, and uses part of the instant land as the parking lot. Therefore, the Plaintiff is occupying a part of the instant land as the parking lot.”

On November 4, 2009, the original branch of the Chuncheon District Court was the land B of this case.

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