beta
(영문) 부산지방법원동부지원 2019.05.01 2018가단209777

건물등철거

Text

1. The Defendant (Counterclaim Plaintiff) indicated the attached Form No. 1 on each of the Plaintiff (Counterclaim Defendant) on the Nam-gu Busan metropolitan area F. 207.9 square meters.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The status of the Plaintiff (Counterclaim Defendant) 1 is the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”).

A) On May 25, 2011, H 207.9 square meters (hereinafter referred to as “Plaintiff’s land”) in Nam-gu, Busan and 207.9 square meters (hereinafter referred to as “Plaintiff’s land”).

(2) On April 3, 2018, Plaintiff A donated 1/3 shares of the above land to Plaintiff B and Plaintiff C on July 12, 2011, respectively, and completed the registration of ownership transfer on April 5, 2018.

3) Therefore, the Plaintiff’s land is currently owned by the Plaintiffs at their respective 1/3 shares. (B) The Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) (Counterclaim Plaintiff; hereinafter “Defendant”) completed the registration of transfer of ownership in its name as to the 4/25 shares among the 388.1 square meters of Nam-gu Busan Metropolitan City G on June 11, 1981 (hereinafter “Defendant’s land”). < Amended by Act No. 3888.1, May 26, 1981>

2) On November 22, 2004, Defendant E purchased 8/25 shares in I’s name among the Defendant’s land, and completed the registration of ownership transfer under that name on December 14, 2004. 3) Defendant D purchased 7/25 shares in the aggregate of J and K’s name among the Defendant’s land on November 22, 2004, and completed the registration of ownership transfer under that name on December 14, 2004.

4) On April 12, 2016, Defendant D donated 2.5/25 of L’s 6/25 shares among the 6/25 shares in the Defendant’s land, and completed the registration of ownership transfer on April 14, 2016. 5) Accordingly, Defendant D’s land is currently co-owned at each share of Defendant D’s 13.5/25, Defendant E’s 8/25, and L’s 3.5/25 shares.

C. Part of the Defendants’ land possession 1) The lower court, on the ground of the Defendant’s land, owned a wooden floor, but was destroyed on May 20, 200. The first is the Defendant’s land and the adjacent Busan Southern-gu M, Busan-gu housing with four floors of reinforced concrete structure (hereinafter “Defendant’s housing”).

2) On August 22, 200, the Defendants newly built and completed the registration of ownership preservation under their names. 2) The Defendant’s housing from November 22, 2004.