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(영문) 광주지방법원해남지원 2016.08.25 2015가단21544
건물등철거
Text

1. From August 6, 2015, the Defendant (Appointeds) and the designated parties jointly share with the Plaintiff, set forth in attached Table 1.

Reasons

1. Basic facts

A. D on April 21, 1984, purchased 1,471m2 (hereinafter “land before subdivision”) from E before the 1,471m2 from Jeonnam-gun, Nam-do, and completed the registration of ownership transfer on April 24, 1984.

(No. 2). (b)

D In January 8, 198, upon the death of the deceased on January 8, 198, the designated parties C, the children of the spouse, G, H, and I jointly inherited the network D's properties.

(C) there is no dispute.

On July 26, 1991, the land before subdivision was divided into 98 square meters (hereinafter “instant land”) and 473 square meters (hereinafter “instant land”) before J, Nam-gun, Jeonnam-gun, and the land category was changed on August 1, 1991.

(No. 5) d.

On August 10, 191, after selling the instant land to K on August 9, 1991, Defendant (Appointed Party) and Appointors (hereinafter referred to as “Plaintiffs (Appointed Party”) completed the registration of ownership transfer with respect to the said land on August 10, 1991, and completed the registration of ownership transfer with K.

(A) Evidence Nos. 2, 1, 2, 6-1, 2). (e)

The Plaintiff purchased the instant land from K on August 3, 2015 and completed the registration of ownership transfer on August 6, 2015.

(A) Nos. 1, 2, and 8). (f) On the ground of the instant land, buildings listed in attached Table No. 2 (hereinafter “instant building”) constructed by the network D around 1965 are constructed, and the said building is unregistered, and the network D is still registered as its owner on the building ledger.

(Evidence) 4) / [Evidence 4] / 5] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2, 4, 5, Eul evidence 6-1, 2, Eul evidence 8, and the purport of the whole pleadings

2. Determination on removal of buildings and requests for removal of land as a claim for removal of interference based on ownership

A. According to the factual basis prior to the determination of the cause of the claim, the Defendant (Appointed Party) and the designated parties who occupy the instant land by sharing the instant building on the basis of the Plaintiff’s ownership.

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