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(영문) 춘천지방법원 2015.07.07 2014가단5237
건물철거 및 토지인도
Text

1. The Defendant points out that the Plaintiff indicated in the attached Form 1, 2, 3, 4, 5, 6, 7, 8, and 1 among the land size of 6678 square meters in the Gangseo-gu Yang-gun C Forest.

Reasons

1. Facts of recognition;

A. On October 16, 1989, the Plaintiff’s maternal Doo-gun purchased a forest of 6678 square meters (hereinafter “instant land”) with the Defendant’s former spouse E on October 16, 1989. Accordingly, on October 20, 1989, the Plaintiff’s mother-friendly Doo-gun purchased the pertinent land of 6678 square meters (hereinafter “instant land”). Accordingly, on October 20, 1989, the registration of ownership transfer for each of the instant land of 1/2 shares was completed due to the said sale.

B. On May 29, 2006 regarding the land of this case, about 330/6678, which is part of E-owned shares, the transfer registration for shares was completed on May 26, 2006 by the Yangcheon District Court's two-gu registry office received on May 29, 2006.

C. D: (a) on June 16, 201, donated one’s own shares out of the instant land to the Plaintiff; and (b) on June 28, 201, received a registration office of Yangcheon District Court, Yangcheon District Court received on June 28, 2011, and completed the registration of transfer of one-half shares of the instant land based on the said gift in the future of the Plaintiff.

On the other hand, the Defendant, around May 2006, newly constructed cement bricks, slves, slves, and 114.15 square meters of an unauthorized house (hereinafter “the instant building”) from among the instant land, on or around the end of May, 2006, on the ground of which the indication of the attached drawing is indicated in the attached Form (A)

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the land in this case is owned by the Plaintiff, E, and F, and the landowner who illegally occupies the building due to the existence of the building can seek the removal thereof from the possessor of the building. Thus, barring any special circumstance, the Defendant is obligated to remove the building in this case on the ground of the Plaintiff seeking the removal of the building and the delivery of the land by the act of preserving the jointly-owned property, and deliver the site to the Plaintiff. 2) As to the judgment of the Defendant’s assertion, the Defendant obtained consent from D, the co-owner of the land in this case at the time.

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