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(영문) 수원지방법원 평택지원 2018.10.26 2017가단57538
건물등철거
Text

1. The Defendant (Counterclaim Plaintiff) shall:

A. The Plaintiff’s succeeding Intervenor (Counterclaim Defendant) is the Korea Bupyeong Development Company, and (1) Pyeongtaek-si D.

Reasons

1. Basic facts

A. The process of changing ownership of Pyeongtaek-si D Forest and D Forest and its neighboring land (1) 1,785 square meters (hereinafter “D Forest and D Forest”), 334 square meters (hereinafter “F land”) prior to F, 357 square meters (hereinafter “E land”), and 962 square meters (hereinafter “G land”) are neighboring land, and all of the neighboring land was the land that the deceased H (the father of the Defendant) acquired ownership after completing the registration of ownership transfer on March 194. The current status is the same as the certified copy of the annexed forestry map and the certified copy of the annexed cadastral map.

(2) Thereafter, around 1981, the network H sold D forest, F land, and three parcels of land to I, and completed the registration of ownership transfer on or around June 30, 1981. ② The I sold three parcels of land to the Plaintiff on or around September 9, 1987 and completed the registration of ownership transfer on or around October 28, 1987. ③ The Plaintiff sold the said three parcels of land to the succeeding Intervenor Bupyeong Development Co., Ltd., and ③ the Plaintiff sold F land and E land to the succeeding Intervenor B (hereinafter “Successor”) and completed the registration of ownership transfer on or around November 27, 2017.

(3) Meanwhile, after the death of the net H, the Defendant completed the registration of ownership transfer on or before July 6, 1981 on the ground of the division by consultation on June 3, 1981 and owns the ownership of G land including its ground portion.

B. On the other hand, in around 1944, the current status of construction and current possession and utilization of the G-based building, and the network H constructed a new building on the land and G-based land as its main site, and occupied, used together with D forest land, F land, and E land located adjacent to the above G-based land. As above, around 1981, three lots of land, such as D forest land, are sold to I, and the current status of the use of the site for the ground buildings and their appurtenances existing with the present G land as its main site is as shown in Appendix 1. An appraisal map and Appendix 2.

Grounds for recognition: Facts that there is no dispute between the parties, or that there is no clear dispute between the parties, Gap evidence 1 through Gap evidence 4, and

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