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(영문) 울산지방법원 2018.09.11 2017가단51695
건물등철거
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the 84 square meters and the 24 square meters and the 84 square meters and the 24 square meters and the 24 square meters and the 84 square meters and the 84 square meters and the 84 square meters and the 24 square meters and the 24 square meters and the 81 square meters and the 81 square meters and the 81 square meters and the 81 square meters adjacent to the instant land (hereinafter “instant adjacent land”) adjacent to the instant land, and the Defendant acquired the ownership of the instant adjacent land on February 24, 2010 for the two residential and neighborhood facilities and the 2nds of the relevant ground bucks, which are adjacent to the instant land.

C E D

B. The part of the Defendant’s adjoining land is narrow and long, between the Plaintiff’s instant land and E road (hereinafter “instant road”), such as the left-hand cadastral map drawings.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4 (including, if any, a satisfy), the purport of the pleading before oral argument

2. The assertion and judgment

A. A. Around May 2014, the gist of the Plaintiff’s assertion (1) entered into an exchange agreement with the Plaintiff on the part (B) of the Defendant’s ship owned by the Defendant and the part (D) of the Plaintiff’s ship owned by the Defendant (hereinafter “instant exchange agreement”) 5 square meters connected each point of the 14, 15, 16, and 14 attached Table 1 with the Defendant’s order to remove the instant store and consecutively connecting each point of the 14, 15, 16, and 14 attached hereto with the said appraisal map by means of an exchange with the same area (hereinafter “instant exchange agreement”).

(2) The Plaintiff removed the instant store in accordance with the above exchange agreement, and at the same time, filed a transfer of ownership based on the above exchange agreement with the Defendant on the part (D) and the part (b) on the said appraisal map owned by the Defendant, as well as the part (b) on the part (b) on the part (5m2), 5m2, which is the Plaintiff’s ownership.

[The plaintiff is selected to exchange part of the land owned by the plaintiff and the defendant at the rate of 1:2, and the defendant's share of the attached Table 2, 3, 4, and 2, which are owned by the plaintiff, with each point of the attached Table 2, 3, 4, and 2, which are owned by the plaintiff (the part D is transferred at the same time, and the part D is 4, 5, 6, and 4.

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