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(영문) 서울북부지방법원 2018.12.20 2017나33337
건물명도
Text

1. Revocation of the first instance judgment.

2. According to the selective claims added by this court, the defendant is Seoul.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a school juristic person E (hereinafter “E”)

(1) the network D (hereinafter referred to as “the network”) which is the founder;

(2) The deceased died on April 20, 1980. 2) The deceased was the head of the deceased and the plaintiff.

B. The deceased’s donation of land and unauthorized building to the Defendant 1) C, 3,471m2 (hereinafter “the instant forest”) in Seoul Special Metropolitan City, Nowon-gu.

(2) The forest land of this case, etc. is the forest land of this case, etc., hereinafter referred to as “the forest of this case, etc.”) and F 40 square meters and G 159 square meters.

A) On April 11, 1967, the Deceased purchased and completed the registration of ownership transfer in the Defendant’s future for the purpose of donation to the Defendant. (2) around 1966, the Deceased constructed and owned a building without permission on the second floor of cement cement roof (hereinafter “instant building”). As above, the instant building was also donated to the Defendant at the time of donation of the instant forest land, etc.

C. On September 12, 1980, the Defendant entered the Gun and discharged on May 12, 1983, the Defendant, the father of the Defendant, managed the Defendant’s property during the service period. (ii) On September 30, 1982, H, who managed the Defendant’s property, sold the instant forest land, etc. to the Plaintiff, the Dongin for the purpose of compensating for the damages incurred in the criminal case and resolving the loans.

Accordingly, on October 8, 1982, the registration of ownership transfer was completed in the plaintiff's future with respect to the land such as the forest of this case.

3) In addition, on October 21, 1982, around the time of the above transfer of ownership, the Plaintiff followed H, and was appointed as the 7th president of H, from May 12, 1980 to October 20, 1982; the Plaintiff’s 7th president term of office from October 21, 1982 to October 20, 1982; and the Plaintiff’s 7th president term of office from October 21, 1982 to October 20, 1987. Meanwhile, the Defendant against the Plaintiff as Seoul Northern Northern District Court 2004Ga26031, as to the instant forest and other land against the Plaintiff.

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