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(영문) 수원지방법원여주지원 2015.08.26 2014가단8532
건물등철거 및 토지인도
Text

1. The Plaintiff (Counterclaim Defendant) indicated in the attached Form 2 No. 1, 2, 3, 4, 5, and 1 among the land size of 317 square meters in Echeon-si Co., Ltd. to the Defendant (Counterclaim Plaintiff).

Reasons

(b) A principal lawsuit and a counterclaim shall be deemed to be filed together)

1. The Plaintiff’s basic facts are two-story buildings (hereinafter “instant building”) on the part of the land owned by the Defendant and part of the land owned by the Plaintiff (CJ 2.86 square meters, D D 50 square meters, and C 317 square meters (hereinafter “Plaintiff-owned land”). D land was F-owned, G, and C land was transferred in succession to the Plaintiff, and C land was owned by the Plaintiff. The Defendant is the owner of the 1st 29 square meters adjacent to the Plaintiff’s land, and the Defendant is the owner of the 1st 29 square meters adjacent to the Plaintiff’s land, and the part of the land owned by the Defendant and the Plaintiff’s ownership [c. 2.86 square meters, D 6.40 square meters, (a), (b), and (hereinafter “instant land”).

The building of this case, which was implemented around 1978, was part of the J-do tending Project (the building constructed at the time when the project promotion committee and J developed a large scale of J city as the main body, reaches 72 debentures as well as the building of this case, and the above building remains in existence until now) and was approved for use on July 1, 1978, and the building owned by the plaintiff on the ground of D was newly constructed in connection with the building of this case under the same circumstances as the building of this case at the same time.

The project promotion committee, the project proprietor of small Do-Eup project, demanded the Defendant to provide the front and rear parts of the land owned by the Defendant (see attached drawings 2(c) and (d) attached to this Court Decision 89Da5043) as public use facilities (road). The land except road sites alone seems difficult to construct the instant building, and the Plaintiff’s owner demanded H and F to provide the instant land as a new construction site of the instant building and provided it as a new construction site of the instant building after being provided by H and F.

After completion of the small-do tending Project, the Plaintiff purchased C land around 1983, and D land around 1984, respectively.

(1) the establishment of a small Do Do ;

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