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(영문) 춘천지방법원강릉지원 2020.02.11 2019가단31715
건물등철거
Text

1. The Defendant marks 10, 11, 12, 13, and 10 of the annexed drawings among the area of 2,504 square meters in Gangwon-do, Gangwon-do.

Reasons

1. According to the statements in Gap evidence Nos. 1, 3, 4, and 6 as to the cause of the claim, it can be recognized that the part of the house and the toilet, warehouse, and fence (hereinafter "the ground of this case") that the defendant occupied and managed, occupied, managed, and donated from Eul on the ground of the part of the land attached to the "A", "B", "C", "C", and "h", which are owned by the plaintiff, is located on the ground of the part of "B", "B", "C", and "h," which are owned by the plaintiff, as long as the defendant did not have a legitimate right to occupy and use the land of this case, the defendant removed the ground of this case to the plaintiff and is obligated to deliver the corresponding part of the

2. First of all of the judgment on the Defendant’s assertion, the Defendant asserted to the effect that it cannot respond to the Plaintiff’s request for removal and delivery because part of the instant land was acquired by prescription. However, according to the evidence Nos. 7 and 8, the judgment dismissing the Defendant’s claim against the Plaintiff on the ground that the Defendant’s possession was the possession of the owner, in the lawsuit claiming the completion of acquisition by prescription, can be recognized. Therefore,

Next, the defendant owned a building adjacent to the land of this case and a building on the ground of this case, including the land of this case, and on or around February 17, 1998, donated the adjacent site and building to the defendant, and thereby the defendant acquired legal superficies under the customary law concerning part of the land of this case against E. Since the plaintiff who acquired ownership of the land of this case from E is obligated to permit legal superficies under the customary law, the plaintiff cannot accept the plaintiff's request for removal and delivery. However, as long as the defendant did not complete the registration of ownership transfer in the future of the defendant through registration of ownership preservation of E, which is part of the unregistered building, the original purchaser of the land of this case, the ownership of the building of this case is still owned

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