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(영문) 창원지방법원통영지원 2017.11.24 2016가단2252

건물철거 및 토지인도

Text

1. The defendant is against the plaintiffs:

A. Of the 1,079 square meters of the 4,5,6,7,10,100 square meters of the attached Form 4, 5, 6, 7, 10, 11, and 4 in Tong-si.

Reasons

1. In fact, Nonparty G completed the registration of ownership transfer on November 24, 1970 with respect to the land of 1,079 square meters of D forest land (hereinafter “instant land”). Nonparty H completed the registration of ownership transfer on April 8, 2002 on the ground of inheritance by agreement and division as of April 21, 1996. The Plaintiffs completed the registration of ownership transfer on January 17, 2013 with respect to each of 1/2 shares on the grounds of sale as of January 17, 2013. < Amended by Act No. 11873, Jan. 28, 2013>

With respect to the instant land building, Nonparty I completed the registration of ownership transfer on August 29, 1996 on the ground of sale on August 20, 1996, and Nonparty J completed the registration of ownership transfer on May 1, 2008 on the ground of sale on April 28, 2008. The Defendant completed the registration of ownership transfer on the ground of sale on the same date on March 6, 2015, and the detailed status is as set out in the attached Form.

In other words, the instant land, K-si land, and L land are constructed on the surface of the instant land, and on the surface of the instant land, 76 square meters, which are linked in sequence to each point of the attached Form 1, 2, 3, 4, 5, 6, 7, 8, 9, and 1. Of them, it is 32 square meters wide from the part on the instant land.

In addition, among the land in this case, F, which is a concrete structure on the ground of one square meter in the ship connecting each point in the attached drawing indication 5, 6, 7, 8, 5, and 5, is installed in the following order.

From March 6, 2015 to March 5, 2016, the rent of part 32 square meters in the ship (i) connecting each point of the attached Table 4, 5, 6, 7, 10, 11, and 4 among the instant land is 327,680 won (monthly 27,300 won) and is 363,520 won (monthly 30,300 won) from March 6, 2016 to March 5, 2017.

[Reasons for Recognition] The facts without dispute, Gap 1 to 3 evidence, the result of the appraisal commission to the branch offices of the Korea Land Information Corporation in the Republic of Korea, the result of appraisal of appraiser M's fee appraisal, the purport of the whole pleadings

2. According to the facts of recognition of Paragraph (1) of the judgment on the cause of the claim, the Defendant owned buildings (E) and concrete structures (F) on the instant land, thereby hindering the Plaintiffs’ ownership. Therefore, the Defendant, barring special circumstances.