건물등철거
1. The judgment of the court of first instance is modified as follows.
The plaintiff succeeding intervenor's claims are all dismissed.
2...
In fact, on April 14, 2008, the Defendant and D completed the registration of ownership transfer with respect to one-half of the 1/2 shares of the 49 square meters (hereinafter “instant land”).
After that, D completed the registration of ownership transfer with respect to 1/2 shares of the land in this case to mother E on September 13, 2010.
E completed the registration of initial ownership on September 17, 201, after obtaining approval for use on November 15, 201 with respect to the buildings listed in the [Attachment 2] List on the ground of the instant land (hereinafter “instant adjacent buildings”).
The Defendant completed the registration of initial ownership on May 22, 201, after obtaining approval for use on November 15, 201 with respect to the buildings listed in the list No. 3. that were newly constructed on the ground of the instant land (hereinafter referred to as the “instant building”); and, in addition, the adjoining building of this case and each of the instant buildings (hereinafter referred to as “each of the instant buildings”).
After that, the Defendant filed a lawsuit against E to divide a co-owned property as the Jeonju District Court’s 2013Kadan4539 (hereinafter “related lawsuit”), and the judgment ordering auction division was rendered on January 14, 2014, and became final and conclusive.
On August 20, 2014, the Plaintiff received the instant land from the auction procedure commenced based on the above judgment, and paid the price and acquired the ownership thereof.
On October 2, 2015, the Plaintiff completed the registration of ownership transfer for one-fifth of the instant land to the intervenors on September 25, 2015. On April 8, 2016, the Plaintiff completed the registration of ownership transfer for the reasons of sale as of September 25, 2015. On April 8, 2016, the Plaintiff completed the registration of ownership transfer for the remainder of three-fifths of the Plaintiff’s land (=1-1/5 - 1/5) on March 31, 2016 to the Intervenor I.
On the other hand, as of the date of the closing of argument in the party trial, the attached Form 1. Map 49.5 square meters is used as the site for the building of this case among the land in this case.
(hereinafter the above 49.5 square meters portion of the land is “the instant building site.” The judgment of the court below is based on the following facts: (a) without any dispute; (b) Gap evidence Nos. 1, and Eul evidence Nos. 1, 3, and 4; and (c) the ground for the claim as a whole.