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(영문) 부산지방법원 2018.10.23 2017가단12239
건물철거 및 토지인도
Text

1. The Defendants are to the Plaintiff:

A. Of the size of 116 square meters in the Geum-gu Busan Metropolitan Government D, each point of the attached Form 1. 4, 5, 6, and 4.

Reasons

1. Facts of recognition;

A. (i) On April 23, 1987, the Plaintiff is the owner who completed the registration of ownership transfer with respect to D & 116 square meters (hereinafter “this case’s land”).

The original land owned by H acquired ownership (F site due to the sale on December 15, 1955, and G site due to the sale on December 30, 1961) of H was the real estate adjacent to the instant land by 20m2, 79m2 and 195m2 (hereinafter referred to as “Defendant-owned land”), and the Defendants completed the registration of transfer of ownership of each 1/2 share due to inheritance by an agreement division as of April 30, 2002.

On the other hand, on the land owned by the Defendant, there is a building of 5.13 square meters on the land owned by the Defendant, the registration of ownership preservation of which was completed on November 18, 1964, and a building of 83.13 square meters on the land owned by the Defendant, and on the land owned by the Defendant, G-195 square meters on the land owned by the Defendant, the registration of ownership preservation of which was completed on December 13, 1974, 85.30 square meters on the two-story housing and 85.30 square meters on the one-story in the office of a house and a store, and 83.13 square meters on the other-story housing (hereinafter referred to as “the building of this case”), which is not related to the claim of this case, and the Defendants completed the registration of ownership transfer due to the division of the building of this case, together with the land owned by the Defendant.

Article 12(1) of the Act provides that “The land owned by the head of Si/Gun/Gu shall be the land owned by the head of Si/Gun/Gu and the land owned by the head of Si/Gun/Gu.”

B. The instant building, which is owned by the Defendants, is constructed over 16 square meters of the portion of “B” in the attached Form 1. 4, 5, 6, and 4 of the instant land, which is part of “B” (hereinafter “instant land in dispute”) and the land owned by Geum-gu, which is indicated in the attached Form 2. 7, 9, 8, 1, and 7 of the attached Form 1.

Dor, on the other hand, the building of this case is the land in the dispute.

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