(영문) 청주지방법원충주지원 2009.11.11 2009가단3527

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원충주지원 2009.11.11 2009가단3527

시설물철거 및 토지인도청구

Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated the attached Form 1, 2, 3, 4, on the ground of 3081m2, prior to the Chungcheong-gun Co., Ltd. 3081m2.

Reasons

1. In full view of the records in Gap evidence Nos. 1 and 2 as to the cause of the principal claim, and the result of the commission of measurement and appraisal with respect to the head of the voice branch office of the Korea Intellectual Property Corporation in this court, the plaintiff is the owner of the land of this case who completed the registration of ownership transfer on April 9, 2009 with respect to the land of this case (limited to the land of this case; hereinafter the same shall apply) 3081 square meters prior to Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, 209, and 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 14 of the land of this case.

Therefore, the Defendant is obligated to remove each of the above plastic houses to the Plaintiff and deliver the instant land to the Plaintiff, barring special circumstances, such as the recognition of the title to possess the instant land.

2. As to the defendant's assertion and counterclaim claim, the defendant is the owner of the land of this case and the defendant's heir D, who was the owner of the land of this case, and the non-party F, etc. sold the land of this case without authority and completed the registration of ownership transfer for the land of this case, and thus, the plaintiff has no ownership to the land of this case. The defendant argues to the purport that the defendant's right to the land of this case should be protected since the defendant establishes a farming house for 14 years.

As a result, the cancellation of the registration of transfer of ownership in the name of the plaintiff and the claim for damages for the mental suffering suffered by the defendant due to the filing of the lawsuit in this case is filed.

In light of the following: (a) a person who is registered as an owner on the preferential registry is presumed to be the owner of the pertinent real estate; and (b) a person who is registered as an owner on the preferential registry is presumed to be the owner of the pertinent real estate; and (c) the purport of the entire pleadings is comprehensively

유사 판례

-창원지방법원 2015.12.03 2015가합30596

-수원지방법원평택지원 2015.11.13 2014가단5444

-청주지방법원충주지원 2017.11.22 2016가단21424

-수원지방법원안양지원 2019.09.06 2018가합104325

-대전지방법원 2020.01.08 2018가단24568