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(영문) 광주지방법원순천지원 2019.11.06 2018가단82462

건물등철거

Text

1. The Defendants order each point of which is indicated in the Appendix No. 20, 21, 22, 23, and 20, as indicated in the Appendix No. 230 square meters above the Plaintiff in Gwangjuyang-si.

Reasons

1. Facts of recognition;

A. On August 31, 1981, the Plaintiff completed the registration of ownership transfer on the ground of sale on July 8, 1965, with respect to the G Daeyang-si FY 230 square meters pursuant to the former Special Act on the Registration, etc. of Ownership of Real Estate (Act No. 3094, hereinafter “Special Measures Act”) and the registration of ownership transfer on the ground of sale on October 2, 1960 with respect to G Dae-gu 737 square meters.

B. H, without obtaining permission from around 1995, successively connected each point of 20, 21, 22, 23, and 20 of the annexed map No. 24, 25, 26, 27, 37, 38, 39, 40, 41, 42, and 24 of the same map No. 24, 25, 27, 27, 37, 37, 38, 39, 40, 42, and 24 of the same map No. 27, 28, 29, 30, and 737 square meters in G (hereinafter referred to as “instant land”) with each point of 24, 26, 34, 34, 36, 37, and 444, 37, 37, and 47, each of the annexed map No. 27, 384,447.

At the time, the Plaintiff did not raise any objection against the construction or installation of each of the above buildings and consortiums (hereinafter “instant building, etc.”) on the instant land without compensation by H.

C. H died on June 28, 2017, and the Plaintiff, the Defendants, and Nonparty I jointly inherited the deceased’s property.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 5 evidence, result of a commission of appraisal to the Korea Land Information Corporation by this court, purport of whole pleadings

2. Determination

A. The presumption of ownership preservation or transfer registration is not reversed unless it is proved that the registration completed in accordance with the Act on the Special Measures for the Determination of the Grounds for the Claim is in accordance with the substantive legal relationship, and that the letter of guarantee or confirmation under the Act on Special Measures is false or forged, or that the registration was not duly registered due to other reasons; and