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(영문) 대구지방법원 2016.05.26 2015나309443
건물철거및토지인도
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal claim and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 20, 200, the Plaintiff completed the registration of ownership transfer with respect to the area of 403 square meters (hereinafter “D”) in Daegu Northern-gu, Daegu-gu (hereinafter “Seoul-gu”).

After February 1, 2010, the area of the pertinent D land was 452 square meters as the area of the said D land was combined with the area of 49 square meters in Daegu-gu, North-gu.

B. On September 24, 1984, Defendant B completed the registration of ownership transfer with respect to F. 682 square meters adjacent to the above D’s land (hereinafter “F land”). On April 26, 199, Defendant B completed the registration of ownership transfer with respect to the construction of 1184 square meters in a house for 10 square meters in total, 502 square meters adjacent to the above D’s land (hereinafter “F land”). On April 26, 199, Defendant B completed the registration of the ownership transfer with respect to the construction of a house for 10 square meters in total, 7 square meters in total, 502 square meters in Daegu North-gu, Daegu-gu, Seoul-gu, and the area of which was 1184 square meters in size) and the construction of a mentmen’s mentton in a building for 10 square meters in place

On October 1, 2003, Defendant C donated 1/12 of the above land and above-ground buildings from Defendant B, and completed the registration of ownership transfer on October 10, 2003.

C. A part of the buildings used by the Defendants are built by erosion of the above D land. The buildings are each buildings listed in [Attachment 1] List 2 (hereinafter “instant building”). The part used by the Defendants is the land listed in [Attachment 1] List 1 (1) (hereinafter “instant land”).

The status shall be as shown in the attached Form 2 drawings.

The building of this case is currently unregistered. D.

Meanwhile, on the other hand, registration of preservation of ownership was completed on September 29, 1980 on 100 as to 10 square meters in the house for mentmen's colon sap and 10 square meters in the above F land, 50 square meters in the house for 50 square meters in the house for 50 square meters, 87 square meters in the house for 57 square meters in the place for sulna's sulna's sula and sulna's sul

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 9 (if there are provisional numbers, including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 through 3, 9, and 11, and the result of a request for surveying and appraisal to the Vice-Governor of the Korea Intellectual Property Office at the first instance court, the purport of the whole pleadings

2. The main office;

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