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(영문) 대전지방법원홍성지원 2015.11.04 2014가단11963

건물등철거

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. On January 20, 1971, F of the basic facts F completed the registration of transfer of ownership on July 12, 1949, with respect to the 2nd 3rd 6th Ma of Forest E in Chungcheongnam-gun, Chungcheongnam-do (hereinafter “E before division”) on July 12, 1949.

Before subdivision, E divided into H Forest land E on August 8, 1980, and the above H was registered for the conversion of land category into the area of 866 square meters on the same day on August 8, 1980 on the ground of the completion of reclamation.

(hereinafter “I before division”). Before division, E became a 13,750 square meters of E forest land (hereinafter “instant E”) following the registration of conversion into the area and division after division.

Although the J, F’s birth, around the time of the development of E before the division, the Defendants asserted that “J began to construct the instant housing from around 1979,” there is no evidence to acknowledge this.

The J sold on October 16, 1980, 1980, the right after the her land was developed before the division, the housing her mother her k and 483 square meters, which are its land (B 7), after obtaining approval for the use of the instant housing on December 15, 1980 (A 2-2), and the mother her k and her k were living in the instant housing (in the absence of any dispute). In addition, the J would have developed the instant housing before division for the purpose of constructing the instant housing for other special circumstances than the purpose of constructing the instant housing.

Therefore, it is ratified that J started to construct the instant house since before and after the completion of the development of E before the division.

Before subdivision, mentmen and coagum 24 square meters (hereinafter “the instant house”) and affiliated warehouses and warehouses (hereinafter “the instant warehouse”) were constructed on the first ground before subdivision, and obtained approval for use of the instant house on December 15, 1980.

However, some of the instant houses and their accessory warehouses are linked to I before division, indicated in the attached Form No. 1 to 14.