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(영문) 춘천지방법원 2017.04.06 2016가단51593

건물등철거

Text

1. The Plaintiff:

A. The Defendant (Appointed) and the designated parties are indicated with the annexed drawing among the 1 Gangseo-gun Hongcheon-gun, Hongcheon-gun, 337 square meters.

Reasons

1. The following facts do not conflict between the parties, or are acknowledged in full view of Gap evidence 1, Gap evidence 3, Gap evidence 4, Eul evidence 5, Eul evidence 1, and the whole purport of the arguments as a result of the request for measurement appraisal to the Korea Land Information Corporation, and there is no counter-proof.

Of the land of this case, Nonparty G (hereinafter referred to as “the deceased”) connected 27, 28, 29, 3, 10, 15, 16, 30, 21, 22, 19, 31, and 27 in sequence, the part “Ra” in the line with each of the points of 27, 28, 28, 29, 3, 10, 21, 22, 19, 31, and 27 square meters on the ground (hereinafter referred to as “the part of the Defendant’s site”), which is 120 square meters on the ground, attached Form 9, 10, 15, 16, 17, 18, and 9, the part “1, 37 square meters on the ground, 25 square meters on the ground, 2620 square meters on the ground, 200 square meters on each of 37 square meters on the ground, 25200 square meters on each column 2.

B. On January 23, 2013, the Deceased died and succeeded to the respective 2/9 shares of the designated spouse D3/9 shares, Defendant (Appointed Party; hereinafter “Defendant”) who is his/her child, Appointor E, and F.

C. On March 9, 2016, the Plaintiff paid the proceeds from sale to the Korea Asset Management Corporation in the public sale procedure for the instant land, and completed the registration of ownership transfer on March 24, 2016.

2. Determination

A. The Plaintiff’s assertion is that the Defendant and the designated parties, the heir of the purchaser of the instant building on the ground of the instant land, which is the owner of the instant land not registered, remove the instant building, deliver the site part, and remove the building from March 9, 2016.