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(영문) 광주지방법원 2017.10.18 2017나410
건물철거 및 토지인도
Text

1. Revocation of the first instance judgment.

2. The Defendant indicated the annexed drawings 1, 2, 3.0 square meters among the 598 square meters in Bluju City to the Plaintiff.

Reasons

1. On April 12, 1989, 1 J (1/3) D on April 12, 1989, when the Plaintiff acquired ownership (1/3 of June 30, 2015) 2 K shares (1/3 of June 30, 2015) G on October 23, 1996 (the inheritance registration by agreement on November 19, 1978) 62/597 shares for the inheritance registration (the inheritance by agreement on September 16, 2014) on September 16, 2014 (the sale on September 12, 2014) by the Plaintiff on June 30, 2015 (the ownership transfer registration by the Plaintiff on June 16, 2015) the ownership transfer registration by the Plaintiff on November 18, 2015 (the ownership transfer registration by the Plaintiff on June 13, 2015).

A. The Plaintiff is the owner of the C Dae-si 598 square meters (hereinafter “instant land”).

From March 8, 1979, the land of this case was registered as co-owned by J, K, and D (shares: 1/3 each), and the subsequent process of change of ownership is as follows.

B. On June 17, 2015, the Defendant acquired the ownership of H large 281 square meters and 47.60 square meters of a single-story housing united on the ground, which was owned D through the auction procedure for the sale of real estate E by the Gwangju District Court in Gwangju District Court (hereinafter “instant building”), and completed the registration of ownership transfer on the said land and building on June 22, 2015.

The land above and the land of this case are adjacent, such as the indication of the attached drawing.

C. However, the part of the instant building (including the studio of the string roof) is built in 21 square meters on the ground (hereinafter “the part of the instant building”) connected in order to each point of 1, 2, 3, 4, 5, 6, 7, 1, 21 square meters on the ground among the instant land, which is connected in sequence of 2, 3, 4, 5, 5, 7, 1.

[Ground of recognition] A without dispute; Gap evidence Nos. 1 through 3; Eul evidence Nos. 1, 2, and 4 through 12 (including branch numbers); appraiser I's appraisal result; the purport of the whole pleadings

2. Determination

A. The facts of the above recognition as to the cause of the claim.

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