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(영문) 서울동부지방법원 2017.02.10 2016나1634
비닐하우스철거 및 토지인도
Text

1. In accordance with the amendments to the purport of the claim in the trial, the judgment of the first instance shall be modified as follows:

The defendant is against the plaintiff.

Reasons

1. Determination on the cause of the claim

A. On March 23, 1985, the Plaintiff completed the registration of ownership transfer with respect to the size of 922m2 and 1,015m2 before Gangdong-gu Seoul Metropolitan Government, Gangdong-gu.

The Defendant is in possession of the instant land by installing a 245 square meter and a 297 square meter on the ground of the part on which the Defendant connected each point of the following points in order, among each of the above land, indicated in the attached drawings (hereinafter “instant land”) 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 19, 19, and 17 square meters on the land (hereinafter “instant land”).

[Reasons for Recognition] Unsatisfy, entry or video of Gap evidence Nos. 1, 2, 4, and 7 (including paper numbers), the result of a response by the President of the Korea Land and Information Corporation to the party members' request for appraisal, the purport of the whole pleadings

B. According to the facts of the above recognition, the defendant is obligated to remove the above scambling, opening, toilets, plastic houses, and mooringss to the plaintiff, and deliver the land of this case to the plaintiff, except in extenuating circumstances.

2. Judgment on the defendant's defense

A. The summary of the defense was that the Defendant acquired the instant land by prescription inasmuch as he/she occupied the instant land in a peaceful and public manner with the intent to own it for at least 20 years after clearing the instant land, which was an unsatisfyed land around 190.

B. In light of the following circumstances: (a) the Defendant prepared a land possession certificate stating that “the Defendant occupied and used the instant land without permission” around April 2, 2015; and (b) the letter of personal guarantee prepared by the Defendant’s neighboring residents stating that “the Defendant has resided for the purpose of purchasing by clearing the unfluored land”, the Defendant occupied the instant land at the Defendant’s own will.

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