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(영문) 의정부지방법원 2014.08.28 2013나11004

건물철거 및 토지인도 등

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1. Upon receipt of a claim for a change in exchange at a church, the Defendant attached Form 766m2 to the Plaintiff of Gyeonggi-gu, Gyeonggi-do.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of Gyeonggi-gu F. F. 766 square meters (hereinafter “instant land”). The Defendant is the owner of the instant land one-story detached housing (hereinafter “instant building”) on the part of the ship, which connects each point of the attached Form 1, 2, 3, 4, 5, 6, 7, 8, and 1, constructed on the said land, in sequence, to the part of the attached Form 1, 2, 3, 4, 5, 6, 7, 8, and 1.

B. (1) Around 1943, the Defendant concluded a lease agreement with G to lease the instant land (hereinafter “instant lease agreement”) with the Plaintiff’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

(2) On December 13, 1991, the registration of preservation of ownership was made in the name of the Defendant with respect to the instant farming house, but the Defendant did not complete the registration of preservation of ownership for the instant building after the construction of the instant building.

C. On October 8, 2010, G donated the instant land to the Plaintiff. On the same day, G made the registration of ownership transfer on the instant land due to donation.

On August 29, 2011, the Plaintiff expressed his/her intent to allow the Defendant to use land any longer.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3, and 4-2, 6-1, 2, and 7-1, 6-7, each of the appraisal results of the first instance court appraiser H and D, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The plaintiff asserted by the parties, since the defendant removed the house of this case and newly constructed the building of this case, it cannot be asserted that the lease contract of this case with respect to the land of this case against the plaintiff as the registration of ownership preservation for the house of this case cannot be asserted. Thus, the defendant, the owner of the land of this case, as the plaintiff