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(영문) 의정부지방법원고양지원 2016.03.24 2014가단9949

건물철거 등

Text

1. Defendant D:

A. Each point is indicated in the attached Form 1, 2, 8, 9, and 1 on the ground of F. 645 square meters in Pakistan-si.

Reasons

Facts of recognition

The registration of ownership transfer was completed on February 2, 1949 with respect to the FF large 645 square meters (hereinafter “instant land”) in the name of G, H, and I with respect to each one-third share on February 2, 1949. However, with respect to the one-third share in H’s name, each ownership transfer registration was completed in the name of J on December 23, 1986, with respect to the one-third share in the name of H, and with respect to the one-third share in the name of G on December 31, 198, in the name of K on December 31, 198, each ownership transfer registration was completed in the name of K on December 31, 198, after I purchased each share in the J and K on February 25, 1989, and completed the registration of ownership transfer.

As I died, the registration of ownership transfer was completed in the name of L, M, and N (hereinafter referred to as “L et al.”) on February 13, 2012 due to inheritance by an agreement division as of August 14, 201. < Amended by Presidential Decree No. 23590, Feb. 13, 2012>

The Plaintiffs entered into a sales contract with L et al. on February 5, 2014 on 1/2 of their respective shares in the instant land, and shared 1/2 shares in the instant land by completing the registration of ownership transfer on February 6, 2014.

On the ground of the instant land related to the ownership of the instant land, unregistered buildings such as “A” or “Ma” portion as indicated in Disposition 1-A (hereinafter “instant housing”) exist. Defendant D, on January 10, 2005, purchased the instant housing at KRW 19,00,000 from O for purchase, and thereafter occupied and used the instant housing together with Defendant C, his father.

Defendant D is currently occupying and using part of the instant housing by leasing it to Defendant E.

The boundary of the instant housing is set up at the fence or there is an entrance, and it is ordered as per Disposition 1-B.

The entire portion of “A” as indicated in the subsection (hereinafter referred to as “the instant site portion”) is used as a site annexed to the instant housing. The unit price from February 7, 2014 to February 6, 2015 of the instant land is 597,000 won per square meter, and the expected interest rate is 4% and 4%.