beta
(영문) 수원지방법원 2016.12.06 2015나36287

건물등철거 및 토지인도

Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall prepare the attached Form among the 760 square meters in Echeon-si, the plaintiff.

Reasons

1. Basic facts

A. On April 3, 1953, where the Plaintiff’s father D owned, the ownership transfer registration was made under the name of F on the ground of the completion of repayment, and the ownership transfer registration was made under the name of F on September 25, 1963 on the ground of donation on December 28, 2004.

B. Meanwhile, on the instant land, there are two houses (hereinafter referred to as the “instant house”) with the indication of the drawing indicating the unregistered drawing on the instant land: (a) the part of the instant land (i) the 48.76 square meters, and (2) the part of the said two houses (i) the 60.52 square meters of the 60.52 square meters of the soil mixture (i.e., stone conference and earth mixture brick; hereinafter referred to as the “instant house”); and (ii) the indication of the attached drawing in (iii) the part of the instant house connected each point of (i), (ii), (iii) the 1, 22, 3, 44, and (iv) the 24 square meters of the warehouse (container) installed by the Defendant on April 1, 2013 (hereinafter referred to as the “container”) and the part

The instant house was registered in the property tax ledger as the date of acquisition of the year of new construction of 1986, and April 10, 1986. The Defendant purchased and used the said house from G, an existing building owner around August 20, 1986.

C. From 2010 to 1 year, the Plaintiff received 300,000 won from the Defendant as land usage fees for the instant land.

However, on September 5, 2014, the Plaintiff sent to the Defendant a letter-proof mail to the effect that “the building and warehouse of this case are removed and the part of the land is handed over, as the lending and borrowing relationship without any stipulation on the land of this case is terminated,” and that at that time, the Plaintiff reached the Defendant. Accordingly, the Defendant’s ASEAN maintained and repaired buildings for which the number of years elapsed for the Plaintiff around September 18, 2014.