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(영문) 의정부지방법원 2017.06.02 2016가단103033
건물철거 등
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) A, B, and D:

(a)be constructed on the ground of 2,447 square meters of F Miscellaneous land in Eastcheon-si;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts may be acknowledged either in dispute between the parties or in full view of the statements in Gap evidence Nos. 1-1-4, 2, 3, 4, 5, 6, 10, 12 and 14, and Eul evidence Nos. 1-1-4, 3, 4, 5, 6, 10, 12 and 14, and the whole purport of arguments as a result

(1) Before the merger, G miscellaneous land was combined with 1,231 square meters in Dong-cheon, Dong-si, Dong-si, Dong-si, Dong-do, and was 2,738 square meters in Dong-si, Dong-si. The details of the merger were transferred to the register on May 9, 1995.

(2) The combined Dobcheon-si H miscellaneous land 2,738 square meters was divided into 291 square meters in H miscellaneous land in Dongbcheon-si, Dongbcheon-si (hereinafter “H land”) and 2,447 square meters in I miscellaneous land in Dongbcheon-si, Dongbcheon-si (hereinafter “instant land”). The details of the division were transferred to the register on June 15, 200.

B. (1) On February 2, 1974, J completed the registration of ownership transfer on G miscellaneous land 1,507 square meters prior to the merger and on H miscellaneous land 1,231 square meters prior to the merger, and the details of the registration of ownership transfer on H miscellaneous land 2,738 square meters prior to the merger were transferred.

(2) On February 19, 1998, J divided out of H Miscellaneous land and the land in this case, (1) 972/2,738 shares, (2) 310/2,738 shares, and (3) 310/2,738 shares, (3) in the name of Plaintiff D, (4) in the future, 308/2,738 shares, (5/2,738 shares, and (5) in the name of Plaintiff B, 493/2,738 shares, and (3) in the name of Plaintiff B to complete the registration of ownership transfer, and disposed of the entire land in this case.

(3) On February 5, 2002, M completed the registration of ownership transfer in K with respect to the share of 308/2,738, all of its own shares, out of the instant land.

(4) K out of the instant land, ① 210/2,738 shares on February 5, 2002 in N, ② 755/2,738 shares on January 9, 2008 in the name of the Plaintiff A, ③ 34/2,738 shares on January 21, 2008, ④ Plaintiff D’s future, ④ 34/2,738 shares on May 20, 2013.

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