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(영문) 춘천지방법원영월지원 2020.08.26 2019가단130
건물철거, 토지인도 및 부당이득금
Text

1. Defendant E:

A. Each point is indicated in the attached Form 1 through 13, and 1 among the land size of 1355 square meters prior to Sejong-gun, Gangwon-do H.

Reasons

1. Basic facts

A. Of the 1355 square meters (hereinafter “instant land”), Plaintiff A filed a transfer registration on August 8, 1990 with respect to the share of 1352/1355 square meters (hereinafter “instant land”), and Plaintiff C filed a transfer registration on December 2, 2005 with respect to the share of 330/1355 square meters (hereinafter “instant land”).

B. On December 2, 1994, Defendant F is identical to the description of the building among the “the indication of the building” in the registry of the registry, which is a 32.2 square meters of a single-story housing located in H in Gangwon-gu, Gangwon-do, Gangwon-do (hereinafter “instant housing”) located on the instant land.

On November 11, 1994, he completed the registration of transfer of ownership on the ground of sale as of November 11, 1994, and Defendant E made the registration of transfer of ownership on the ground of sale on the same date.

C. Among the instant land, the instant housing is actually located on the ground of “1” portion on the ground of 73 square meters, which connects each point of the attached drawing Nos. 1 through 13, and 1.

This is the actual area of the instant house, which is different from the area stated in the original copy of the register as seen earlier.

Of the instant land, the area of “1” portion and 225 square meters in the ship connecting each point of the attached Table 24, 23, 22, 21, 20, 19, 18, 17, 16, 15, 14, 74, 13, 13, and 24 among the instant land is the residential area of the instant housing (hereinafter “instant residential area”); and the area of “24 square meters in the ship,” which connects each point of the said items of 24, 25, 26, 21, 22, 23, and 24 square meters in sequence, is the access road of the said residential area (hereinafter “instant access road”).

[Ground of recognition] Evidence Nos. 1, 2, and 1, each entry of Evidence Nos. 1, 2, and 1, and the result of the appraisal commission to the Eunpyeong branch of the Korea Land Information Corporation

2. Determination:

A. According to the determination on the cause of the claim 1, Defendant E removes the instant house to the Plaintiffs, co-owners of the instant land, barring special circumstances, and delivers the instant residential land and access roads, and the instant residential land and access roads.

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