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(영문) 대구지방법원 김천지원 2018.11.29 2018가단31473
소유권말소등기
Text

1. The Defendant shall remove to the Plaintiff the second floor of 47.04 square meters from among the real estate listed in the attached list.

2. The plaintiff's remaining claims.

Reasons

1. Basic facts

A. The Plaintiff is a community formed by the entire members of the above Ari for the sake of the common convenience and common welfare of the residents of the Gu/Si/Gun.

B. The registration of preservation of ownership was completed in the name of “Edong” after the registration was restored on March 31, 1952 in the name of “Edong” in the old-si Seoul metropolitan area (hereinafter “instant land”).

After that, on October 1, 1961, the registration of ownership transfer was completed in the name of the U.S. military on the land of this case (the U.S. military is incorporated with the defendant thereafter) and the plaintiff won the case by filing a lawsuit against the defendant to cancel the registration of ownership transfer of this case.

(Seoul District Court Decision 2009Gadan11989). According to the above decision, the registration of ownership transfer was cancelled, and the registration of ownership transfer was changed on November 15, 2010 to the "Ari Village Association" on the part of the former owner.

C. On the ground of the instant land, around 1979, 163 square meters of the building on the first floor was newly built as KRW 1,500,000 of the Special Subsidy for the Musan-gun and residents’ charges, and KRW 1,680,000 of the residents’ charges. A construction permit was issued on September 17, 1980, and the completion inspection was conducted on May 17, 1985.

Since that, in 190, the second floor was extended to 81.28 square meters, and around 2010, the amount of KRW 34,380,770 was extended to 36.65 square meters on the third floor.

Around November 30, 1994, Psan-gun paid subsidies to the Plaintiff and extended 47.04m2 to the second floor of the building in this case. At present, the residents have not been used due to the aging, and the building of the center for senior citizens has been newly built on the land of the Gu and the current residents are using the new center for senior citizens.

E. On October 30, 2017, the Defendant completed the registration of initial ownership in relation to the buildings indicated in the separate sheet (hereinafter “instant building”) as the receipt No. 58090 on October 30, 2017, which were not registered in the Daegu District Court.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including each number in the case with a serial number), Eul evidence Nos. 1, 2, 5, 6, and 7, and all pleadings.

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