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(영문) 인천지방법원 2018.10.17 2017가단236175
건물등철거
Text

1. Defendant B:

(a) A light-weight structure on the surface of 120 square meters and E large 902 square meters, Jung-gu, Incheon.

Reasons

1. Facts of recognition;

A. On December 29, 2006, the Plaintiff is the owner of the instant land, who completed the registration of ownership transfer with respect to D road 120 square meters (hereinafter “instant land”).

B. On July 15, 1998, Defendant C completed the registration of ownership transfer on the land adjacent to the instant land, Jung-gu, Incheon, Jung-gu, Incheon (hereinafter “instant adjacent land”). Around 2004, Defendant C newly constructed a building on the land adjacent to the instant adjacent land and completed the registration of ownership preservation on November 9, 2004.

C. On December 30, 2008, Defendant B completed the registration of ownership transfer based on donation with respect to the instant neighboring land, and on October 10, 2016, Defendant B completed the registration of ownership transfer based on donation.

The building (hereinafter “instant building”) on the ground of the instant neighboring land owned by Defendant B owned by the Plaintiff (hereinafter “the instant building”) is located in the possession of the said land owned by the Plaintiff on the part of 3 square meters in a ship connected with each point of 1, 2, 3, and 1, of the instant land owned by the Plaintiff, among the instant land owned by the Plaintiff, in sequence of the indication of drawings Nos. 1, 2, 3, and 1.

E. From December 29, 2006, the Plaintiff acquired the ownership of the instant land to October 9, 2016, the rent of the part of the instant crime to Defendant C from December 29, 2006 until October 9, 2016, and the rent of the part of the instant crime from October 10, 2016 to January 9, 2018, is KRW 37,980, and the rent of the part of the instant crime from October 10, 2016 to January 9, 2018 (from October 10, 2017 to January 9, 2018) for the last three months (from January 10, 2017 to January 9, 2018) is KRW 30,960 if converted into annual rent.

Standard for the number of pages assigned at the bottom of the fourth electronic records of the appraiser F’s appraisal report

(i) [In the absence of dispute over the basis of recognition, entries and images of Gap evidence 1 to 6, 8, and 9, the result of a request for surveying and appraisal to the Vice Governors of Incheon Central Land Information Corporation of this Court and to the appraiser F.

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