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(영문) 대구지방법원 2014.11.27 2014나10456
건물철거 및 토지인도
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff purchased the instant land owned by F on July 14, 201 and completed the registration of ownership transfer on August 19, 201.

B. The building was constructed with a 31.62 square meters and 36.96 square meters and five buildings (hereinafter “the building in this case”) with a 528 square meters wide and 528 square meters wide and adjacent to the land in this case (hereinafter “the adjoining land in this case”) from June 5, 2007, in comparison with the land portion in this case, the land of this case and the land of this case, were completed the registration of ownership transfer on the ground of donation on December 23, 1995, while the Defendant occupied the building in this case and completed the registration of ownership transfer on the part of the building in this case, and it is evident that the ice building 1 Dong among the above buildings in this case is the 14 square meters or 31 square meters of the land area in this case “the land of this case”.

the building has been built in 200.

C. Meanwhile, the instant adjoining land was owned by I, and the ownership transfer registration was completed in J on May 18, 192 due to testamentary gift on September 18, 1992; on September 25, 1992, the ownership transfer registration was completed in K and D on the ground of donation; among them, on July 19, 201, the ownership transfer registration was completed in L on December 31, 201 for the first/2 shares of K, and the ownership transfer registration was completed again on December 31, 2012 for the reason of sale. At present, the instant adjoining land was owned by D and E, respectively, 1/2 shares.

On March 4, 2014, the Defendant entered into a donation contract with the content that 1/2 shares of the land in the dispute of this case were donated from D and E during the proceeding of this case.

E. The rent from August 19, 2013 to December 31, 2013 regarding the instant dispute land is KRW 692,871, and the monthly rent from January 1, 2013 to December 31, 2013 is KRW 24,800.

[Based on recognition] Gap evidence Nos. 1, 2, Eul evidence Nos. 13, 14, and 15, and the survey by the court of first instance.

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