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(영문) 춘천지방법원강릉지원 2019.04.16 2018나31757
건물철거등
Text

The defendants' appeal is dismissed.

The costs of appeal shall be borne by the Defendants.

The defendants are subject to the lawsuit acceptance of the defendants.

Reasons

1. Facts of recognition;

A. On August 13, 1929, with respect to D 314 square meters (hereinafter “instant land”), the registration of transfer of ownership based on sale in the name of P on August 13, 1929; the registration of transfer of ownership based on sale in the name of the Plaintiff on June 23, 1984; and the registration of transfer of ownership based on H on donation in the name of H on March 6, 2000 thereafter; and on June 14, 2016, the registration of transfer of ownership based on donation was completed again on June 14, 2016.

B. Meanwhile, on August 18, 1993, the registration of transfer of ownership on August 27, 1969 with respect to the F 96 square meters (F land) adjacent to the instant land was completed on August 28, 2004 under the name of G on August 18, 1993, and the registration of transfer of ownership on May 28, 2004.

다. 망 B은 이 사건 토지 중 별지 도면 표시 7, 8, 9, 11, 12, 7의 각 점을 순차로 연결한 선내 ㈎부분 34㎡(이하 ‘이 사건 토지 부분’이라 한다)와 이 사건 토지에 인접한 F 토지에 걸쳐 건축된 미등기건물인 목조 함석지붕 단층 주택(이하 ‘피고 주택’이라 한다)을 매수하여 사실상의 처분권을 보유하고 있고, 피고 주택에 관한 건축물대장상에도 소유자로 기재되어 있다. 라.

On November 7, 1978, the network B made a move-in report to D (the resident registration record card is indicated as I, but it appears to be as D after the change of administrative district and the actual lot number correction.).

E. After filing an appeal against the judgment of the first instance on July 27, 2018, the deceased died on October 12, 2018 while the lawsuit was pending. The deceased’s heir, who is the spouse, is Defendant J, Defendant K, Defendant L, Defendant M, Defendant N, Defendant N, and Defendant O.

[Ground of recognition] A without dispute, Gap evidence 1-1, 2, Gap evidence 3, 7, Eul evidence 2, Eul evidence 2, the result of surveying and appraising the Korea Land Information Corporation in the first instance court, the purport of the whole pleadings

2. Determination as to the cause of the claim.

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