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(영문) 창원지방법원 마산지원 2018.05.10 2017가단106438
건물등철거
Text

1. The Defendant points out each of the attached Table 47, 48, 49, 50, and 47 on the land of 1,928 square meters in Haan-gun, Chungcheongnam-gun, Chungcheongnam-do.

Reasons

1. Facts of recognition;

A. The Plaintiff completed the registration of ownership preservation on May 1, 1995 with respect to C & 1.928 square meters (hereinafter “the instant land”). The Defendant’s mother, around that time, leased the instant land as KRW 175,00,000 each year in order to use the instant land as a site for (a) part of a wooden flag and a part of the roof, a single-story house, in order to use it as a site for 50,000 square meters in the instant land, each of which is indicated in the attached Table 47,48,49,50,50, and 47 attached to the instant land from the Plaintiff.

B. D completed the registration of ownership preservation on April 30, 2010 with respect to the instant (A) portion of a building unregistered, and completed the registration of ownership transfer on September 30, 2015 to the Defendant, who is a child, on the ground of donation.

C. Meanwhile, the Defendant, after the date of the donation, built a new building without permission on the part (B) section (B) section of the lightweight steel framed, 56, 57, 58, 37, 38, 39, 59, and 55, connected each point of the attached Table 51, 52, 53, 54, and 51 on the ground of the instant land by occupying the building site for the instant portion (A) on the ground, and installed a 58 square meters of the basic concrete structure on the part (c) that connects each point of the said items in sequence.

Accordingly, the Defendant, among the instant land, occupies a part of 662 square meters of the site of the instant building and the site of the instant building in sequence that connects each point of 1,2, 3, 4, 36, 58, 37, 38, 39, 59, 40, 41, 42, 43, 44, 45, 46, and 1.

【Ground of recognition】 The fact that there is no dispute, entry of Gap No. 1 through 6, the result of the survey and appraisal on the Hawan Military Branch of the Korea Land Information Corporation in this Court, the purport of the whole pleadings

2. According to the above findings of determination as to the cause of the claim, the defendant, the owner of the land of this case, shall, unless there are special circumstances, be a detached house in the above part of the land of this case, a building without permission in the above part (A) and a basic concrete structure in the above part (C).

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