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(영문) 창원지방법원통영지원 2015.08.27 2014가단1439
건축물철거 및 토지인도 등
Text

1. As to the Intervenor succeeding to the Plaintiff:

A. Defendant B: (a) indicated in attached Form 2, 127, 128, 129, 130, among the area of 2,190 square meters prior to Doo-si D; (b)

Reasons

1. Basic facts

A. The Incorporated Foundation E shall complete the registration of ownership transfer under the receipt No. 36 of January 19, 1967, with respect to the area of 1,603 square meters in the Republic of Korea, which is the Seoul District Court (hereinafter “Share Office”) with respect to the area of 1,60 square meters in the F.

B. On January 10, 1972, E was changed to Social Welfare Foundation E, while Social Welfare Foundation E was changed to Social Welfare Foundation A (ex officio) on July 2, 1976.

C. On October 10, 2014, the 508 square meters and the 1,603 square meters prior to G was merged into D on October 10, 2014.

(The area shall be 2,190 square meters after the merger).

Plaintiff

The succeeding intervenor (hereinafter “Plaintiff Intervenor”) completed the registration of transfer of ownership on the ground of sale on October 31, 2014, No. 62481, which was received on October 31, 2014, with respect to the land of this case (hereinafter “instant land”).

E. Defendant B owned a cement brick building without permission and unregistered cement (hereinafter “Defendant B building”) among the indication in the attached drawing Nos. 2. The Defendant B building is constructed on the ground of part 37 square meters in the ship (D) connected with each point of the attached drawing Nos. 27, 127, 128, 129, 130, 131, 132, 133, 134, 135, 127 among the instant land in sequence. Of the instant land, the Defendant B building occupies the part of the land (e.g., land) connected with each other in sequence of 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 89, 90, 91, 93, 94, 95, and 78.

F. Defendant C owns a cement brick building without permission and unregistered cement (hereinafter “Defendant C building”) among the indication in the attached drawing No. 1. The Defendant C building is constructed on the ground of part (A) of the attached drawing No. 96, 2, 108, 107, 106, 105, 104, 103, 102, 101, 100, 99, 98, 97, 96, and 96 of the attached drawing No. 2,3,65, 64, 63, 62, 61, 60, 58, 57, 56, and 52 of the land of this case, which connects each of the items of the attached drawing No. 1, 106, 104, 103, 103, 104, 103, 106, 57, 55, and 24.

[Reasons for Recognition] There is no dispute between the parties, A, and A.

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