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(영문) 대구지방법원 김천지원 2018.09.18 2017가단4269
건물철거 및 대지인도
Text

1. The Defendant (Counterclaim Plaintiff) indicated on the Plaintiff (Counterclaim Defendant) a map No. 21, 22, 23, 4, 3, and 4. of the attached Form No. 21, 22, 23, 4, 3.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On August 26, 1994, registration of ownership transfer under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4052) was completed on August 26, 1994 with respect to the registration of ownership transfer in the name of the Plaintiff on March 14, 1997, the registration of ownership transfer was completed on February 20, 1997 under the name of the Plaintiff on February 20, 197.

B. On August 20, 1981, the registration of ownership transfer under the former Act on Special Measures for the Transfer of Real Estate Ownership was completed in the name of F, the Defendant’s attached to the instant land, which was the Gu, Dong-si, Dong-si, 370 square meters adjacent to the instant land, and the registration of ownership transfer was completed on July 3, 2014 under the name of the Defendant on May 29, 2014.

C. “F” as the Defendant’s father G and referred has been residing in a house located over the instant land and E.

At present, on the instant land and E-ground, a warehouse consisting of a cement brick slve roof (hereinafter “instant house”) and a warehouse (B) with a steel pipe slves roof attached Table 1 attached hereto, which connects each point of the sub-paragraph (i) to the sub-paragraph (b) of attached Table 1 and the sub-paragraph (b) of attached Table 5, 6, 7, 8, and 5, connected in sequence with the sub-paragraph (b) of attached Table 1. The instant housing and a warehouse are unregistered.

Of the instant housing on the instant land, the part (Ga) (Ga) and the part (Ga) (hereinafter “the instant housing part”) and the warehouse (56С) are located in the instant housing, which are connected in sequence with each point of the attached drawing Nos. 21, 22, 23, 4, 3, and 21 among the instant housing.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 2, 4 through 7 (including paper numbers), the purport of the whole pleadings

2. Determination

A. According to the facts of the judgment as to the cause of the principal claim, the Defendant owned and possessed the instant house and the instant warehouse on the instant land, and thereby owned the instant house and the instant warehouse.

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