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(영문) 창원지방법원진주지원 2017.06.23 2016가단33932
건물등철거
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) remove the buildings listed in the annex 1 list; and

B. Attached 2.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 4, 1974, the network C owned in an unregistered state D 23 square meters (the same shall apply to the land indicated in the attached Table 2; hereinafter referred to as “instant D”) and 308 square meters (the same shall apply to the land indicated in the attached Table 3; hereinafter referred to as “instant E”). The network C filed a registration of preservation of ownership on the land of March 4, 1974, and the Plaintiff, an infant of the network C, completed the registration of ownership transfer on the ground of inheritance on each of the above land on June 19, 195 after the deceased of the network C.

B. On June 28, 1994, on each of the instant lands, the deceased Party: (a) constructed a wooden splate roof house 16.52 square meters (the building indicated in the attached Table 1; hereinafter the same shall apply) on each of the instant lands and owned it in an unregistered state; and (b) on June 28, 1994, the Defendant, the deceased F, made a registration of preservation of ownership on the above buildings.

C. The instant building is located on the part (A) part (a) of the attached drawing Nos. 20, 21, 4, 5, 26, and 20 among the instant land, which connects each point of the attached drawing Nos. 20, 21, 4, 5, 26, and 20 among the instant land, and on the part (b) part (a) of the instant building, which connects each point of the attached drawing Nos. 16, 1, 2, 3, 4, 22, 21, 20, 19, 18, 17, and 16 in sequence among the instant land E.

Meanwhile, the rent from June 30, 2006 to June 29, 2016 with regard to the sum of the instant part (A) and (b) from June 30, 2006 to June 29, 2016 is the sum of rent for the said period as to the sum of KRW 11,443,127 (i.e., KRW 13,860,690, and the entire land of this case and the land of this case, the sum of rent for the said period as to the sum of KRW 86,00 for the instant part (b) x 71/86,000,000, and the rent for June 30, 2016 is KRW 119,82,000 (i.e., KRW 145,210,000 and KRW 86,000,000) and KRW 71/86,000.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-3, Gap evidence 2-1-3, Gap evidence 3-1-3, and 3-1-3.

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