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(영문) 의정부지방법원 2018.11.01 2016가단30722
건물철거 및 토지인도
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. Of the area of 23 square meters in East-gu, Dongbcheon-si, the indication of the attached drawing 1, 2, 3, 12.

Reasons

1. Facts of recognition;

A. On September 6, 2011, the Plaintiff is the owner who completed the registration of transfer of ownership based on sale as of July 26, 201 with respect to D 42 square meters (hereinafter “instant land”) and C 23 square meters (hereinafter “instant land”).

B. The Defendant, on April 24, 1996, is the owner who completed the registration of ownership transfer due to inheritance due to the consultation and division as of September 22, 1991 with respect to the land E, 46 square meters (hereinafter “Defendant’s land”) and the above ground housing (hereinafter “instant building”). The Defendant occupied and used the Defendant’s land and the instant building while residing in the instant building from April 26, 1996.

C. Part of the instant building is constructed by erosioning the instant land No. 2. The Defendant occupied and used part of the instant land No. 1 and No. 2 in the vicinity of the instant building. Of the instant building, part of the instant building is 21 square meters in the ship connected each point of (c) section 21 square meters in sequence among the land No. 2 of the instant building and the land No. 1,2,3,12,13, and 1, and the part occupied and used by the Defendant among the instant land No. 1 and the instant land No. 21 square meters in order to connect each point of (c) section No. 1, 2, 3, 12, 13, among the land No. 2 of the instant building and the instant land No. 1, the part occupied and used by the Defendant among the instant land No. 5,6, 16, 15, 14, and 5, the part is connected to each of the instant land No. 23,4,14,121 in sequence in sequence order.

(hereinafter referred to as “the occupied portion of this case” in total of 21 m2, 8 m2, 30 m2, and 30 m2,000 m2,000 m2,000,000 m2,000,000,000 m2,000 m2,000 m2,000,000,000,000

2. Judgment on the principal lawsuit and counterclaim

(a) Determination on the removal of buildings and requests for transfer of land and counterclaims in the principal lawsuit 1.

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