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(영문) 부산지방법원 2016.11.30 2014가합10154
건물등철거
Text

1. The Plaintiff (Counterclaim Defendant) is not less than 5,206 square meters in Busan-gu AD Forest, Busan-gu;

A. 1 Defendant C indicated in Appendix 104, 104.

Reasons

A principal lawsuit and counterclaim shall be deemed to be combined.

1. Basic facts

A. On February 4, 2003, the Plaintiff: (a) on February 4, 2003, owned land of 6,164 square meters of AD forest land in Busan-gu Busan Metropolitan City (hereinafter “instant land before the instant partition”); (b)

(2) On July 16, 2015, the Plaintiff filed a partition of co-owned property on the land prior to the instant partition as Busan District Court Decision 2015Da23900, Jun. 24, 2016 (hereinafter “the instant reconciliation recommendation decision”), and on May 23, 2016, the land prior to the instant partition was divided into 5,206 square meters (hereinafter “instant land”) and 5,206 square meters (hereinafter “the instant land”) in Busan District Court Decision 2015Da23900, Jul. 16, 2015.

(2) On July 4, 2016, the Plaintiff received a registration of ownership transfer based on the partition of co-owned property as to the portion of 958/6,164 shares out of the instant land from the public co-owned corporation (hereinafter “instant partition of co-owned property”).

B. Since February 25, 2003, the Plaintiff acquired co-ownership shares of the land before the instant partition, the Plaintiff owned the buildings indicated as “building details” in the attached Form 1 as indicated below from among the land before the instant partition to February 25, 2003 (hereinafter “each of the instant buildings”) and the network T owned the buildings indicated as “building details” in the attached Form 1 as indicated below (hereinafter “each of the instant buildings”).

The building owned by the network T is inherited by the Defendant U, V, and W, who is his child, following the death of the network T on September 1, 2016. Meanwhile, each of the above buildings is located on the instant land even after the partition of co-owned property in the instant case. The occupied part of the building (attached Form 1) owned by the owner (attached Form 1 f161 block structure C BB 2102 block structure.

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