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(영문) 대구지방법원 2020.07.02 2018가단130319
건물등철거
Text

1. Of the 333.2m2m2 in Daegu Jung-gu, the Defendant shall follow each point of the attached Form 1, 2, 3, 4, 5, 6, 7, 8, 9, and 1.

Reasons

1. Facts of recognition;

A. The Plaintiffs are co-owners of the 333.2 square meters (hereinafter “Plaintiff’s land”) in Daegu-gu, Daegu-gu. (1)

(2) The Defendant acquired on October 28, 2005 1/2 shares, and became a sole owner on February 9, 2010, the remainder of shares on which the Defendant acquired on October 9, 2010.

B. The Plaintiffs’ share fluctuation (1) (1) Plaintiff A continued to increase the shares since the donation of 49.6/337.2 of the Plaintiff’s land share on October 19, 197, with the continued increase of the shares since December 26, 2005, and (2) acquired the shares on December 23, 2015, and became a sole owner of the Plaintiff’s land.

(2) On January 11, 2016, Plaintiff A transferred 83.3/33.2 shares to Plaintiff B, and 10/33.2 shares to other 2 others, respectively, on the ground of donation, and the present shares are 229.9/33.2.

(3) Plaintiff B holds 83.3/33.2 shares donated by Plaintiff A as it is.

C. On December 18, 191, the entry in the public register and the current status (1) of the Defendant building was entered in the title register of the registry in 14 square meters of sap and apap.

(2) At present, the structure of the portion of 30.71 square meters among the Defendant’s building in the building ledger was changed from a wooden/sap, and on August 24, 2006, a Class II neighborhood living facility (general restaurants), the use of which was changed from a detached house;

(2) The structure of 12.23 square meters is written as completed on November 20, 1972 in the column for alteration of reinforced concrete structure/sapap.

The purpose of use was changed in the second-class neighborhood living facilities (general restaurants) on March 27, 2013.

written in the chapter.

The date of approval for use shall be 1956 only.

According to the building ledger drawings, the location of the defendant building shall be as follows:

(3) The actual defendant's building is as shown in Appendix 2 (the extension of only the part of the plaintiff's land among the drawings below).

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