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(영문) 울산지방법원 2019.03.20 2018가단58945
건물등철거
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated the annexed Form 1, 2, and 1 of the annexed Form 1 among the annexed Form 49 square meters in Ulsan-gun, Ulsan-gun, Ulsan-gun.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On December 30, 2003, the Plaintiff acquired the ownership of land C and a building on the ground of sale on the 29th day of the same month with respect to Ulsan-gun, Ulsan-gun, Ulsan-gun, 49 square meters (hereinafter “C land”).

On March 7, 2008, the Plaintiff completed the registration of initial ownership relating to C’s land-based reinforced concrete structure and the single-story housing of 95.28 square meters and 55 square meters of 2 stories (hereinafter “C’s building”).

(b) E, the Defendant’s D land and building ownership 1) E (the Defendant’s spouse; hereinafter the same shall apply);

D) On July 27, 2002, D 907 square meters (F 246 square meters on October 23, 2002) was divided into two hundred and sixty-one square meters (661 square meters) in Ulsan-gun, Ulsan-gun, Ulsan-do;

Land after the division is referred to as "D land";

(2) On July 10, 2002, E completed the registration of ownership transfer on the ground of sale as of July 10, 2002. On July 27, 2002, E completed the registration of ownership transfer on the ground of sale on D’s land, E is a lightweight structure, sand position plate, 8.8mm2 on D’s land adjacent to D’s land, a 88.8m2, a non-Dong wood tank, and a steering sand position plate roof, a 17.64m2, and a 17.64m2 (hereinafter “D building”).

(2) Upon the death of E, the Defendant completed the registration of ownership transfer on February 11, 2003 as to D land and D buildings on October 28, 2002 due to inheritance by agreement division as of October 28, 2002.

C. C and buildings, location of D land and buildings, current status 1) part of D buildings owned by the Defendant, etc., are constructed in a part of C’s land owned by the Plaintiff. The details are as follows: ① among C’s land, the following are successively connected: ① the part of “A” connected in the part of “A” to the part of “A,” which successively connects each point of 4,5,6, and 4 square meters of land for the light steel structure, sand position plate, 1 square meters of land for the light steel structure, 1 square meters of land (2.0 square meters of buildings outside walls, 2. 4,5,6, and 4 square meters of the same drawings, and 7,8,9,10, and 7 of the same drawings, 7,8,9,10 and 7 of the same drawings.

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