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(영문) 청주지방법원 2016.11.01 2015가단106899
건물등철거
Text

1. On the plaintiff (Counterclaim defendant)

A. The Defendant (Counterclaim Plaintiff) list of real estate in attached Form B, among the 247m2, Jincheon-gun, Jincheon-gun, Chungcheongnam-do.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On July 12, 2005, D Daecheon-gun, Jincheon-gun (hereinafter “Before annexation”) combined with 56m2 and 158m2 in FJ on July 18, 2005, the land was divided into D major 247m2 and 40m2 in G major 40m2.

B. The Plaintiff completed the registration of ownership transfer on the land before annexation on September 1, 2004 due to the inheritance due to the consultation and division on March 14, 1974. The Plaintiff completed the registration of ownership transfer on June 30, 2005 for the whole land of this case on June 21, 2005, and owned the land of this case after completing the registration of ownership transfer due to the division of common property on June 21, 2005.

C. On June 1, 1990, Defendant B completed the registration of ownership transfer on May 16, 1990 with respect to one-half portion among the 67 square meters in Jincheon-gun, Jincheon-gun, Chungcheongnamcheon-do, and on August 20, 1991, Defendant B completed the registration of ownership transfer on the ground of sale on August 19, 191 with respect to the 1/2 square meters in Jincheon-gun, Jincheon-gun, Jincheon-gun, Chungcheongnam-do (hereinafter “the adjoining land”). On November 21, 1991, Defendant B completed the registration of ownership transfer on the ground of sale on August 19, 191, D [Jincheon-gun, Jincheon-gun, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do] above ground wooden and the 52.2 square meters in the 52.2 square meters in the pent roof-gun, Seocheon-gun, Jincheon-gun, 191.

However, among the land in this case, the building listed in paragraph (2) of the list of real estate owned by the Defendant B (hereinafter “each of the buildings in this case”) is against the boundary of the land in this case, where the building listed in paragraph (2) of the attached Table No. 2 (hereinafter “paragraph (1) of the attached Table No. 16, 17, 18, 38, 37, 39, 40, 41, 42, 42, 9, 43, 10, 35, 11, 34, 12, 28, 27, 13, 14, 26, 15, and 16 are attached to the land in this case.

E. Of the instant land, rent from January 1, 2007 to February 29, 2016 on the instant land, which was 187 square meters of the instant land, is as indicated in the attached rent details.

F. Meanwhile, on May 1, 2008, Defendant C’s ground streke roof from Defendant B, Jincheon-gun, Chungcheongnamcheon-gun, Chungcheongnam-do.

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