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(영문) 수원지방법원평택지원 2020.03.13 2018가단4951

건물철거 및 토지인도

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1. The plaintiff (Counterclaim defendant)'s main claim is all dismissed.

2. The plaintiff (Counterclaim defendant) is against the defendant (Counterclaim plaintiff).

Reasons

A principal lawsuit and counterclaim shall also be deemed to have been filed.

1. Basic facts

A. On June 29, 191, 191, 19 co-owners were divided into eight parcels pursuant to the Act on Special Cases Concerning the Partition of Co-owned Land (hereinafter “instant co-ownership”), and the parcel number change was made.

JJ 106.7 square meters on November 14, 1991 (hereinafter referred to as “J site after subdivision”) and MJ 101.6 square meters (hereinafter referred to as “M site after subdivision”) are part of the J’s land before subdivision of the instant co-owned land (hereinafter referred to as “J’s land before subdivision”).

B. On September 20, 198, A purchased the housing of 34/45 shares in H, 105.8 square meters (hereinafter “instant site”) from N, and of 49.22/614 shares in the J’s land before subdivision, and two above ground bricks and mentoring bricks, mentorings, mentorings, mentorings, mentorings, etc., on October 21, 198, and completed the registration of ownership transfer for each of the above two parcels’ purchase shares and above ground housing on the ground of the said sale.

A, after subdivision on November 14, 1991, completed the registration of ownership transfer for the reason of confirmation under the Act on Special Cases Concerning the Partition of Co-owned Land.

A on December 28, 2015, registered the transfer of ownership on the grounds of sale on the same day with respect to the remaining shares 11/45, out of the site of this case.

C. On January 7, 1984, the Defendant purchased 32/614 shares of the J site prior to subdivision from theO and a single-story house on its ground (hereinafter “the instant house owned by the Defendant”). On January 11, 1984, the Defendant completed the registration of ownership transfer for the said housing and the housing site share on the ground of the said sale.

After subdivision on November 14, 1991, the Defendant received the registration of ownership transfer for the reason of confirmation under the Act on Special Cases Concerning the Partition of Co-Owned Land.

The instant house owned by the Defendant is located on the ground of M after subdivision.