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(영문) 부산고등법원 2017.10.26 2017나51818
건물등철거
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are additionally determined by adding to the new arguments made by the defendant in this court. The reasons for the acceptance of the judgment of the court of first instance are as follows: “Defendant B” in the judgment of the court of first instance to “Co-Defendant B of the court of first instance”; “Defendant C of the contractor” in the 7th and “contractor C” to “Defendant B” in the judgment of the court of first instance; and therefore, they are cited in accordance with

2. Additional determination

A. The Defendant’s assertion 1) around October 2006, F, the former owner of the instant land, completed the factory site construction of the instant land, and around that time started the construction of the new building of the fishery product processing plant on the instant land. The Defendant purchased from F on November 10, 207 the instant land and the buildings under construction of the instant land, and completed the construction of the 2,3th underground among the instant buildings by taking over the construction site around December 19, 208, by not later than March 19, 2008, after taking over the construction site, the construction of the instant land. The above underground 2,3 floors are independent real estate under social norms, and thus, the Defendant acquired the above part of the building, which is the independent owner of the instant land and the building under the customary law, from the said owner of the instant land, and completed the registration of ownership transfer from the said land and the building for the said purpose. Accordingly, the Defendant completed the registration of ownership transfer from the said owner of the instant land under his name.

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