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(영문) 광주지방법원해남지원 2019.02.19 2017가단1230
건물철거 및 토지명도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. In around 1976, the deceased B (hereinafter “the deceased”) newly built a house (hereinafter “the instant house”) on the ground of the 612m2 square meters (hereinafter “instant land”) located in the area adjacent to the boundary between the 612m35m2 in Jeonnam-gun, Jeonnam-gun (hereinafter “instant neighboring land”) and the 635m3m2 (hereinafter “instant neighboring land”). From that time, the Defendant, who is the spouse, was raising his children in the instant house along with the Defendant, who was the spouse.

However, at that time, the deceased did not complete the registration of preservation of ownership of the instant housing and did not prepare the building management ledger of the instant housing because the registration of preservation of ownership was not completed.

B. However, among the instant housing, it is based on the time when the house appears to be closed on the left-hand side.

Part of the end portion of the instant land was located on the ground of 4m2 in sequence, which connects each point within 2, 3, 4, 5, 5, and 4m2.

(B) Of the instant housing, the part connected to the above ground among the instant housing refers to “the part of the instant housing site” and “the part of the instant housing site, which is the site, is 4 square meters in size,” the said part of the said housing site is the site for the instant housing site.

In addition, at the time of the construction of the instant house, the Deceased installed a fence on cement block surrounding the instant house, and part of the fenced was installed on the ground of the instant land, and part of the fenced on the instant land, which connected each point of 1, 2, 5, 66, 7, 45 square meters in sequence of each point of 1, 2, 5, 5, 7, and 1.

(2) Of the above fences, the part installed on the ground of the instant land is referred to as “the instant fence.” Of the instant land, the part on the instant fence located on the part of 45 square meters in the instant fence is referred to as “the part on the instant land”). The deceased’s family members, from the time of moving into the instant house, install a roof connecting the instant fence with the end on the left part of the instant house and the end on the left part of the instant fence, and keep the part on the instant land in the agricultural machinery.

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