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(영문) 대구지방법원김천지원 2020.01.16 2019가단32664

건물등철거

Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. 1 glus of trees planted on the land of 127 square meters in the Gu, Si, Gu, Si, Gu.

Reasons

1. Facts of recognition;

A. Of the area of 724 square meters in Gu-si, Gu-si (hereinafter “instant land before the instant partition”), 544.16/724 square meters were indicated as the shares converted into the area of 544.16/724 square meters.

(hereinafter the same shall apply)

On September 10, 1987, the registration of ownership transfer was completed in the plaintiff's future on September 10, 1987, and the registration of ownership transfer was completed on the same day with respect to the shares of 179.84/724 out of the land before the partition of this case.

The registration of ownership transfer was completed on May 24, 1994 with respect to the share of 420.09/724 of the Plaintiff’s share in the land before the instant partition. Accordingly, the Plaintiff’s share in the instant land became 124.07/724.

B. The instant land prior to the instant partition was partitioned pursuant to the Act on Special Cases Concerning the Partition of Co-Owned Land on May 21, 2013, and was registered for change of ownership in the Plaintiff on May 24, 2013 on the ground that ownership was acquired due to the confirmation of partition under the same Act with respect to the instant land.

C. Around April 5, 1964, H constructed a new building on the ground of 10 square meters on the instant land (hereinafter “each of the instant buildings”) that connects each of the instant items in sequence with the indication 1, 2, 3, 4, and 1 of the annexed drawings among the instant land, and connected each of the items in sequence of 5, 6, 7, 8, and 5 of the same drawings on the ground of 38 square meters, which are located in each of the instant buildings or leased it to a third party, and died on August 19, 208.

After that, the Defendant, as H H, has been managing each of the instant buildings by leasing them to a third party.

Around June 2019, H, as co-inheritors of H, agreed on the division of inherited property with the purport that “The Defendant succeeds to the right to claim for the transfer registration on the ground of the completion of the prescriptive acquisition of the instant land against the Plaintiff by H,” which read “The Defendant succeeds to the right to claim the transfer registration on the ground of the completion of the prescriptive acquisition.”

E. The 1g of trees planted on the ground of the instant land (hereinafter “instant trees”) is owned by the Defendant.