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(영문) 인천지방법원부천지원 2016.01.29 2014가단46275
건물철거 및 토지인도
Text

The Gu shall, in turn, in order to the Plaintiff, indicate the attached drawing among the area of 1802 square meters of the Do forest in Kimpo-si, Kimpo-si.

Reasons

Facts of recognition

The registration of transfer of ownership in the name of F on June 20, 1988 with respect to the land for land E-Ma 1889 square meters (hereinafter “the land of this case”) was completed on March 13, 2001. The Defendant completed the registration of transfer of ownership on September 3, 2009 due to voluntary auction on August 21, 2009.

With respect to the building listed in the attached list on the land No. 1 of this case, the registration of ownership in F on December 17, 1993, the registration of ownership transfer in G on March 13, 2001, and the registration of ownership transfer in the name of the defendant was completed on September 3, 2009.

On August 11, 2009, from the 1973 square meters of the I Forest land in Kimpo-si, G-si, G-owned land, the land of which was divided into KRW 1802 square meters of D forest land (hereinafter “instant land”). The Plaintiffs completed the registration of ownership transfer on October 10, 201 for the instant real estate due to the sale by voluntary auction on October 4, 2011.

At present, the Defendant owned the building owned by the Defendant on the ground of the land No. 1 in the attached Form No. 2 and the land No. 2.

(2) In light of the following facts: (a) the Defendant is obligated to remove the instant building to the Plaintiffs, the owner of the instant land No. 2, and to deliver the part of the instant building “A” and “B” to the Plaintiff, barring special circumstances, according to the following facts: (b) there is no dispute over the instant building; (c) the entry of the evidence No. 2, No. 4, No. 10, and No. 27 (including the number number; hereinafter the same shall apply); and (d) the cause of the claim as a whole of the pleadings.

The building indicated in the attached list of the Defendant’s assertion regarding the Defendant’s assertion is based on the land No. 2 of this case as the present condition and obtained permission for construction on December 7, 1993, and the Defendant obtained approval for use on December 7, 1993. The Defendant owned the building listed in the attached list No. 2 of this case, and owned the “A” and “BB” portion of the attached Form No. 2 of this case.

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