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(영문) 대구지방법원 영덕지원 2018.01.30 2016가단1514

건물 등 철거 및 토지인도

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1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is not less than 787 square meters of C forest land in Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, the Plaintiff-Counterclaim Defendant:

A. Attached 1 Map 2, 3.0

Reasons

In the case below, the principal lawsuit and counterclaim shall be deemed to be filed together.

1. Basic facts

A. The registration of ownership transfer under the title E was completed with respect to the land of 1,884 square meters of D forest in Ulsan-gun, Ulsan-gun (hereinafter “the forest before the instant subdivision”). On May 19, 2001, the registration of ownership transfer was completed in the Plaintiff’s name on the ground of the donation made by the Ulsan District Court No. 4395 on May 18, 2001.

On July 5, 2011, the instant forest was divided from the forest before the instant subdivision.

B. In the event that it refers to the land of which is one hundred and twenty-six square meters in F, G, ninety-two square meters in size, H, one hundred and twenty-two square meters in size (hereinafter referred to as “instant land”), all of which are owned by the Defendant, and are adjacent to the instant forest and land.

C. On the ground of the instant F and G site, a building consisting of the two-class neighborhood facilities built on the 2nd floor of reinforced concrete structure, which is owned by the Defendant (hereinafter “instant building”). On the ground of the instant H site, the housing owned by the Defendant (hereinafter “instant housing”) is constructed.

Of the forest land in this case, on the ground and underground of the part (2), which connects each point of 2, 3, 4, 5, 6, 7, and 2 of the annexed drawing Nos. 1 among the forest land in this case, a pipe facility of the building in this case (hereinafter “instant septic tank”) is installed on the ground that connects each point of 1, 2, 7, 6, and 1m2 of the annexed drawing No. 1 (c), and on the ground of 1m2,000 square meters of the annexed drawing No. 1, the pipe facility of the building in this case (hereinafter “instant pipes”) is installed on the ground of 1m2 of the annexed drawing No. 1.

The instant building is constructed by uniting on the ground of 2m2 square meters in the ship connecting each point of (2) section 1m2, 22, 23, 24, and 22 of the annexed drawings 17, 18, 19, 20, and 17, among the forest land of this case, among the forest land of this case, each point of (1m2, 22, 23, 24, and 22m2. The instant housing is connected in order to each point of (1) of the annexed drawings 2, 3, 4, 5, 6, and 3 among the forest land of this case.