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(영문) 대구지방법원경주지원 2014.07.15 2012가단7284

시설물 철거 및 토지인도

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 18, 1997, Nonparty G completed the registration of ownership transfer with respect to F-si F-si size of 16257 square meters prior to F-si on July 18, 1997. (2) On May 19, 2003, Nonparty G was divided into 6969 square meters prior to F-si, 3053 square meters prior to H-si, 4016 square meters prior to IJ, 66 square meters prior to J, and 2153 square meters prior to K.

3) On July 7, 2003, F, 4020 square meters prior to F, L, 366 square meters prior to L, M, 349 square meters prior to M, and N (the land category was changed to a road on April 13, 2005).

(4) 4020 square meters prior to F, L prior to L, 366 square meters, and 2126 square meters prior toO were divided into 108 square meters and 2126 square meters prior to F on August 6, 2003.

5) On August 22, 2003, F had the land category changed to a road on April 13, 2005, the land category of which was changed to a road on August 13, 2005.

2) On May 15, 2003, the land acquisition by Nonparty S and new house construction by Nonparty S (Defendant C’s spouse) was divided into 343 square meters and 2251 square meters prior to R. The registration of ownership transfer was completed on May 19, 2003.

2) The area of 4016 square meters and 153 square meters prior to T was merged on December 6, 2003, and the area of 4169 square meters prior to I was divided into 683 square meters prior to I on April 13, 2004; 3114 square meters prior to V; 312 square meters prior to V; and 60 square meters prior to W (the land category was changed to a road on April 13, 2005).

4) On January 30, 2005, an area of 683 square meters, U.S. 3114 square meters, and V 312 square meters prior to I was combined, and 4109 square meters prior to I was divided into 4109 square meters prior to I (the land category was changed to the site on March 22, 2005) 683 square meters prior to I (the land category was changed to the site on March 22, 2005), 314 square meters prior to X, and Y (the land category was changed to the road on March 31, 2005) 312 square meters.

6) S newly built a house on the land and completed the registration of ownership preservation on March 22, 2005. (C) Nonparty Z (Defendant B’s spouse) purchased from G on August 22, 2003 a P 1436 square meters and completed the registration of ownership transfer on August 25, 2003.

2) Before April 13, 2004, the land category of P was changed to a site on July 27, 2004.

(3) The Z was newly constructed a house on the P land and completed the registration of initial ownership on September 21, 2004.

The plaintiff's land acquisition.