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(영문) 광주지방법원 2020.01.15 2019나1288

건물철거 및 토지명도

Text

1. Revocation of the first instance judgment.

2. The Defendant indicated the attached Table 1 among the land size of 612 square meters in Jeonnam-gun, Jeonnam-gun.

Reasons

1. Facts of recognition;

A. In around 1976, the deceased B (hereinafter “the deceased”) newly built a house (hereinafter “the instant house”) on the ground of 635 square meters (hereinafter “the adjoining land”) adjacent to the boundary between the 612 square meters in Jeonnam-gun, Jeonnam-do (hereinafter “the instant land”). At that time, the deceased did not complete the registration of preservation of ownership of the instant house and did not complete the building management register on the instant house.

B. At the left-hand side of the instant house, the time the house was left-hand.

Part of the wall and its roof are constructed on the ground of 18 square meters in the ship, which connects each point in the order of 2, 3, 4, 5, 6, 9, 9, 9, and 18 square meters in the attached sheet among the land in this case.

(B) Of the instant housing, the part part connected to the above ground is referred to as “the instant housing part”, and the part on “B”, which is the relevant site, is referred to as “the instant housing site” (hereinafter referred to as “instant housing site”).

In addition, the deceased installed a roof connecting the end part of the roof of the instant house and the fence surrounding the instant house for the purpose of the warehouse, and used part of the warehouse part for the purpose of the warehouse. Part of the left part of the warehouse is constructed on the ground of “A” on the part of “A” which connects each point of 1, 2, 9, 9, 6, 7, 7, 100 square meters in sequence.

(B) Of the warehouse of this case, the part connected to the above ground is referred to as “the part of the instant dispute warehouse,” and the part of “A” in the above site is referred to as “A” and the part of “A” in the above site is referred to as “a site for the instant dispute warehouse.”

On the other hand, the building management ledger concerning the instant housing was prepared at the time in the vicinity of the date, and the above building management ledger entered the instant housing and warehouse in the building management ledger as located on the land of 635 square meters in Jeonnam-gun, Namnam-gun, and the date of permission for construction and approval for use shall be stated in 196