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(영문) 대구지방법원 2016.11.10 2015나309191

건물철거 및 토지인도

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1. The part concerning the counterclaim in the judgment of the court of first instance shall be revoked.

The defendant-Counterclaim plaintiff's counterclaim is dismissed.

2...

Reasons

1. Basic facts

A. Land and building 1) The Plaintiff is the Plaintiff’s land and building in Daegu Jung-gu, 142.8 square meters (hereinafter “instant land”).

On November 12, 1964, the Plaintiff completed the registration of ownership transfer on its ground on December 1, 1964 with respect to the housing on the ground of sale and purchase on November 20, 1964, respectively. 2) Thereafter, around the 1970s, the Plaintiff constructed two-story buildings (one story housing and retail housing, 113.6 square meters, 113.6 square meters, 2 square meters, 113.6 square meters) on the ground of the instant land, and obtained approval for use on February 8, 1983.

B. As to the land and building owned by the Defendant and the land and building 1) in Daegu Jung-gu, Daegu-gu, Daegu-gu, 132.9 square meters (hereinafter “C land”) adjacent to the instant land, D completed the registration of ownership transfer on October 18, 1960 due to sale and purchase on October 18, 1960, and E completed the registration of ownership transfer in its own future on the same day after being awarded a successful bid during the voluntary auction procedure on November 25, 2009, and the Defendant completed the registration of ownership transfer on March 3, 2010.

B) D around May 18, 1961, 53.5 square meters of a wooden house on land (hereinafter “C building”) on land around May 18, 1961.

(b)After new construction, the part (b) of the ship connecting each point of the separate sheet Nos. 6, 7, 8, 9, 10, 17, 16, 15, 14, and 6 of the land of this case, among the land of this case (hereinafter referred to as “b).

A) A Party A used as ma, and thereafter created and used customary toilets, sprinks, and sprinks on the ground of the part (b) inside the ship at the time of the aforementioned new construction. C was registered in the building ledger but did not have been removed on April 5, 2010. C) Meanwhile, at the time of the removal of the building, the Defendant installed iron pents (hereinafter referred to as “the instant steel pents”) in the part connecting each point of (b) the attached appraisal of the part (b) above was marked 9,10, and succeeded to the possession of the part (b) inside the ship.