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(영문) 대전지방법원서산지원 2017.11.08 2016가단358
건물철거 등
Text

1. The defendant shall be the plaintiff.

A. An appraisal map on the attached Form 362 square meters shall also be indicated on a vinyl house with C Forest land of 8,727 square meters above 362 square meters at a time of a

Reasons

1. Requests for removal of buildings, etc. and delivery of land;

A. (1) On November 6, 1979, the Plaintiff completed each registration for the transfer of ownership with respect to E large scale 281 square meters (hereinafter “E”) and F large scale 397 square meters (hereinafter “F land”). On December 30, 1980, the Plaintiff completed each registration for the transfer of ownership with respect to C forest land 8,727 square meters (hereinafter “C land”) and D forest land 6,149 square meters (hereinafter “D”) on December 30, 1980.

(2) On February 3, 1997, the Defendant newly constructed a cement brick slock slive roof 170 square meters of a house of single-story farming household (attached Form 1: Provided, That it is located in E and F land on the registry and its size is indicated as 97.02 square meters; hereinafter “instant farming house”) on the land E, F and D, and completed the registration of preservation of ownership.

(3) The Defendant installed or constructed a vinyl 362 square meters (the same appraisal is marked as “2”; hereinafter the same appraisal is referred to as “the instant vinyl”) on C’s land, a stable of 246 square meters (the same appraisal is indicated as “cine,” hereinafter the same appraisal is referred to as “instant stable”) on C and D’s land, a warehouse of 179 square meters (the same appraisal is indicated as “4,” hereinafter the same appraisal is also indicated; hereinafter the “instant warehouse”), and a warehouse of 89 square meters (the same appraisal is indicated as “5 square meters”; hereinafter the same shall apply) on D’s land.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 5 (including virtual numbers), the result of a request for surveying and appraisal to the Director of the Korea Land Information Corporation, the purport of the entire pleadings

B. (1) On February 197, 1997, around the time of the construction of the instant farming house, the Plaintiff consented to the Defendant to use part of the land owned by the Plaintiff as a site of the instant farming house, and the Defendant newly constructed the instant farming house and completed registration of the preservation of ownership, thereby establishing a loan agreement for use (hereinafter referred to as the “instant loan agreement”) with the Plaintiff and the Defendant, for which no period is agreed between the Plaintiff and the Defendant regarding part of the land owned by the Plaintiff.

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