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(영문) 춘천지방법원 2018.02.08 2016가단54943

건물철거 등

Text

1. The Plaintiff:

A. Defendant B, among the 1,000 m2, 1,000 m2, 17, 18, 21, 22, 23 and 17, 18, 200 m2, 1249 m2.

Reasons

1. The following facts do not conflict between the parties, or are acknowledged as being based on Gap evidence 1, Gap evidence 2-1, Eul evidence 2-2, Gap evidence 3-1, and 2-2, the result of the on-site inspection by this court, the result of this court's entrustment of surveying and appraisal of the land information construction project by this court, the whole purport of arguments as to the result of the request for appraisal of rent to appraiser F by this court, and there is no counter-proof.

On March 5, 1990, the Plaintiff completed the registration of ownership transfer with respect to D, 1249 square meters (hereinafter “instant land”) on the land of this case on the ground of the co-owned property partition on September 27, 1999.

B. Defendant B owns the attached appraisal map and reference set forth in the attached sheet 17, 18, 21, 22, 23, 24, and 17 among the land in this case, and the attached sheet and reference set forth in the attached sheet 18, 19, 20, 21, and 18 among the attached sheet 17, 18, 21, 22, 23, 24, and 17, the land in this case, and the attached sheet 18, 33,00 square meters, which are successively connected to each point of 18, 19, 20, 21, and 18.

C. Of the instant land, Defendant C owns 30, 31, 32, 16, 16, 30, 30, 32, 33, 34, 35, 36, 37, 38, 39, 40, and 25, the appraisal drawings and reference drawings and reference drawings in the attached sheet No. 25, 26, 27, 28, 29, 30, 30, 300 square meters among the attached sheet No. 129 square meters and the attached sheet No. 30, 31, 32, 16, and 30 square meters among the attached sheet No. 129 square meters and reference drawings in the order of the appraisal drawings and reference drawings in the instant land (hereinafter “instant building No. C”).

On March 5, 1990, the Plaintiff succeeded to a lease agreement of KRW 200,000 per annum against the owner of the instant building at the time of completing the registration of ownership transfer for the instant land. Thereafter, Nonparty H and Defendant B succeeded to the lease agreement while the ownership of the instant building is transferred to Nonparty H and Defendant B, and the rent is annually 300.