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(영문) 서울고등법원 2015.07.22 2013나69097
건물철거등
Text

1. The judgment of the first instance court, including the Plaintiff’s claim expanded in the trial room, shall be modified as follows.

The defendant.

Reasons

1. Basic facts

A. The ownership relationship of 1,101 square meters prior to D Hanam-si is 1,930 square meters prior to E (hereinafter “E land prior to division”). The ownership relationship is 1,101 square meters prior to D Hanam-si.

(D) On December 20, 1958, 1,101 square meters prior to D, 317 square meters prior to F, and 512 square meters prior to G (hereinafter referred to as “D land”, “F land”, and “G land” in sequence.

2) The Plaintiff’s father purchased D land from I on June 13, 1968 and completed the registration of ownership transfer on June 17, 1968. The Plaintiff completed the registration of ownership transfer on the ground of a division of inherited property on November 10, 200.

B. 1) Part 752 square meters in part 1 (a) of the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 25, 24, 20, 21, 22, 23, and 1 of the D’s land among the D’s land (hereinafter “the part of item (a)”).

[2] On the ground, the building indicated in the separate sheet owned by I, which was newly constructed around 1946, (hereinafter “instant building”).

(2) At the time of the construction, the instant building consisted of 37.85 square meters in cement cement, bridges, 37.85 square meters in dunes, cement block splates, 30.25 square meters in dunes in dunes, wooden dunes, single dunes, and vains, 24 square meters in dunes in dunes and vains, and 7.2 square meters in dunes roof of wooden boats.

3) The instant building existed until September 2014, and it was removed by the Defendant at that time, and no present exists (the instant building was located inside the line indicated in the annexed drawing among the land of item (a) until it was removed).

[3] The building owner of F land and the building of this case 1) K completed the registration of ownership transfer on F land on June 20, 1963 after purchasing F land and the building of this case from I and completing the registration of ownership transfer on F land on June 20, 1963. Since that time, K occupied the building of this case and the land of this case and completed the registration of ownership transfer on June 7, 1989.

L, which is the husband of the defendant, purchased F land and the building of this case from K on May 25, 1989, and completed the registration of ownership transfer on June 7, 1989.

The defendant is against L on February 27, 2003 and the F land of this case.

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