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(영문) 창원지방법원 2014.11.20 2013나30343
시설물철거등
Text

1.The judgment of the first instance shall be modified as follows:

The plaintiff's successor's claim against the defendant is all dismissed.

Reasons

1. Basic facts

A. C completed the registration of transfer of ownership in its name on December 21, 1972, Sacheon-si D, Sacheon-si, 737.

However, in the copy of the real estate register, the name of the owner was mistakenly stated E.

In the name column of the land substitution plan (Evidence 2), “E” and “E” are written in the address column, and in the name column of owners in M, B and G, “E” and “L” are written in the name column of owners in each land cadastre column of M, B and G, and L is the former permanent domicile of C.

B. The above D 737 square meters was replaced with F 2,041 square meters according to a replotting disposition on May 22, 1980 (hereinafter “after replotting”).

C. On December 10, 1981, land after replotting was divided into F 1,017 square meters, B 295 square meters (the land category is changed to the water supply site on the same day; hereinafter “instant land”) and G 729 square meters.

G 729 square meters were divided into G 529 square meters and H 200 square meters on June 2, 198.

I attached a letter of guarantee around December 2006 to Sacheon City Mayor, stating that “I shall purchase the land in this case and the land in this case (hereinafter referred to as “land in this three lots”) of F 1,017 square meters and G 529 square meters of G field (hereinafter referred to as “the land in this three lots”)” and applied for the issuance of a letter of confirmation. On December 31, 2007, Sacheon City issued to I a letter of confirmation confirming the above fact.

Accordingly, on May 2, 2008, I completed the registration of transfer of ownership based on sale on October 25, 1985 under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500, invalidation, and special measures (hereinafter “Special Measures Act”).

E. On October 18, 2010, the Defendant commenced the construction of bicycle roads at the above Jilwon, and performed earth works on the land in the dispute of this case, which is part of the site of the said bicycle road, from February 201 to January 201, and conducted cement packaging around May 201.

F. I was to the deceased A and the Intervenor’s Intervenor, and on June 10, 201, the instant case.

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