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(영문) 의정부지방법원 고양지원 2018.02.21 2016가합75855
건물등철거
Text

1. The plaintiff's lawsuit against the defendant D shall be dismissed.

2. Defendant C: (a) KRW 167,558,194 for the Plaintiff and its related expenses.

Reasons

1. Basic facts

A. The Plaintiff is a clan that is a natural-generating group composed of descendants making the joint line as well as the parties and related persons. As of December 14, 2005, the Plaintiff owned 1,607 square meters of E forest and forest and 6,024 square meters of F forest as of December 14, 2005. The foregoing 1,607 square meters of E forest and forest are the land indicated in paragraph (1) of the attached Table, which is the land located in GJ 1,618 square meters of land as of July 25, 201 and the change of administrative district name as of April 23, 201 and the registration conversion as of October 15, 2012 and the change of land category as of October 23, 2012.

) The land was formed (hereinafter referred to as the “instant land”) without distinguishing between E forest land 1,607 square meters and the land indicated in paragraph 1 of the attached Table.

(2) The Defendant C is the Plaintiff’s head of the household, following the change of administrative district name dated July 25, 201, and the change of land category as of March 12, 2008, the registration conversion and division as of November 13, 2009, the change of land category as of June 11, 2010, and the change of administrative district name as of July 25, 201.

Defendant D and Defendant C newly constructed a building listed in Annex B (hereinafter “instant building”) on the instant land between 2010 and 2012, and shared it. On October 15, 2014, Defendant D and Defendant C finished the preservation of ownership of the instant building on the instant land, and sold the instant building to Defendant B, and completed the registration of ownership transfer with respect to the instant building to Defendant B on the same day.

Defendant B purchased the instant building from Defendant C and D on October 15, 2014 and completed the registration of ownership transfer.

3) On March 9, 2007, I was a person who leased the instant land and F land from the Plaintiff on March 9, 2007. J Co., Ltd. (hereinafter “J”)

I is K (at present J representative director)

(B) A company established with investment from the Plaintiff on October 7, 2009 is a company that leased the instant land and F land from the Plaintiff. B. The Plaintiff entered into a lease agreement on the instant land and F land between the Plaintiff and I on March 9, 2007, different from the JJ.

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