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(영문) 대전지방법원 2014.11.14 2014가단202681
건물철거 및 토지인도 등
Text

1. The Defendant (Counterclaim Plaintiff) shall remove the buildings listed in the attached Table 1 from the Plaintiff (Counterclaim Defendant) and set forth in the attached Table 2.

Reasons

1. Basic facts

A. Before the instant partition, the land net C was corrected from D on January 4, 1993 to the area of 1,851 square meters in Dong-gu Daejeon-gu E, Daejeon on December 22, 1997.

(hereinafter “instant land before the instant partition”) was purchased, and completed the registration of ownership transfer on January 19, 1993.

B. On January 9, 198, part of the land before the instant partition was divided into 495 square meters in Dong-gu, Daejeon Special Metropolitan City E, 495 square meters in size, F 42 square meters in size, G 1,025 square meters in size on January 9, 1998. 2) As to the land E, the transfer registration for ownership was made on January 30, 1998 on the ground of sale as of January 16, 1998.

3) On March 20, 2001, when the area of the said G land was divided into 661 square meters in the said G land, the area of the said land became 364 square meters. 4) G 364 square meters in relation to G 364 square meters, the registration of ownership transfer was completed on September 6, 2004 before J on July 20, 2004.

C. The Plaintiff’s inheritance registration, division of the said I land, and compensation 1) deceased on February 20, 201. On March 4, 2011, the Plaintiff, a deceased’s child, completed the registration of ownership transfer on the said I land due to the inheritance due to a consultation or split-off on February 20, 2011. (ii) On August 12, 2013, the number of K 219 square meters was divided from the said I land.

3) On January 6, 2014, the Daejeon Urban Corporation entered into a sales contract with the Plaintiff for the acquisition of public land in question. On January 15, 2014, the Plaintiff received KRW 53,800,990 from the Daejeon Urban Corporation for the purchase price. (iv) The land remaining after the said division is the instant land.

On the other hand, the defendant constructed a building on the land of this case on July 2001 and constructed a building listed in the attached Table 1 (hereinafter “instant building”) on the ground of the land of this case on the land of this case from among the I land before partition on July 19, 201, and completed registration of preservation of ownership on July 19, 2001.

[Ground of recognition] Gap evidence Nos. 1, 2, 4, 6, and 7, and Eul evidence Nos. 5 through 8.

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