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(영문) 대전지방법원 2019.06.25 2017가단3410

건물등철거 및 토지인도

Text

1. The Defendants to the Plaintiff (Appointed Party) and to D and E:

(a) was constructed on the land listed in Appendix 1 List 1.

Reasons

1. Facts of recognition;

A. On May 4, 1995, the Plaintiff (the appointed party; hereinafter “Plaintiff”) and the appointed party D, and E (hereinafter “Plaintiff, etc.”) jointly inherited the Plaintiff, etc. due to his father’s death on May 4, 1995.

B. However, on June 1, 2009, F 2436 square meters in Seosan-si is divided into F 469 square meters, L 51 square meters, M 1916 square meters (attached Table 1 attached hereto). The previous 397 square meters in G was divided into 140 square meters in G, and 257 square meters in N 257 square meters in G, and the F 469 square meters in F 469 square meters and G 140 square meters in G before July 13, 2009 at the same time, the land category was changed to 609 square meters in F site (attached Table 1 Paragraph (1)), while L 51 square meters in L 51 square meters in land was converted to 51 square meters (attached Table 1 Paragraph (2).

C. Defendant B, with the mother of the Plaintiff et al., divorced before the death of the said K. Around July 2007, entered into a loan agreement with the Plaintiff et al. on each of the lands listed in Tables 1 and 2 (hereinafter “land Nos. 1 and 2”) with the Plaintiff et al., and constructed each of the buildings listed in the Annex Nos. 1 and 2 (hereinafter “instant building”) and resided in the road, and completed the registration of ownership preservation on July 15, 2009.

Defendant C is married with Defendant B and resides together with Defendant B in the instant building, and on June 15, 2016, 1/2 of the instant building was donated from Defendant B and completed the registration of ownership transfer.

E. Meanwhile, on the other hand, the Defendants installed a warehouse containing 41 square meters in the part of (b) warehouse terminal line in the order of 6 through 14, and 6 on the attached Table 1 List No. 3 (hereinafter “third land”) around 2009, or connect each point of (3) of the same Table No. 1 list No. 3 (hereinafter “the attached Table No. 3”) around December 31, 201 with each point of (1), 5, and 1.