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(영문) 수원지방법원 2017.05.11 2016나19777
건물철거 등
Text

1. All appeals filed by the Defendant (Appointed Party) and the Appointed D are dismissed.

2. The costs of appeal are assessed against the Defendant (Appointed Party).

Reasons

1. Determination on the cause of the claim

A. The following facts do not conflict between the parties, or each of the entries in Gap evidence 1-1-2 and the first instance court's commission of surveying and appraisal to the President of Ansan-si branch of the Gyeonggi-do headquarters of the Seoul Special Self-Governing Province (J) and the whole purport of the arguments may be acknowledged, respectively.

1) The Plaintiff of the instant land is the Plaintiff’s land owner under the former Act on Special Measures for the Registration, etc. of Ownership Transfer of Real Estate (wholly amended by Act No. 3562, Apr. 3, 1982) and is the Plaintiff’s land in this case’s land 3,200 square meters (hereinafter “instant land”).

2) On October 30, 1974, the Plaintiff completed the registration of ownership transfer on the instant land under the Plaintiff’s name on October 30, 1974. (2) The actual status of the instant building, etc. is as follows: (a) As to the instant land, the attached appraisal is also connected in order to each point of (c) section of the building connected in the order of 36, 37, 38, 39, 40, 41, and 36, the attached appraisal is as follows.

b) The land of this case is constructed with the attached appraisal map of 42, 43, 44, 45, and 42 in order to connect each point of (d) part toilets of (d) toilets of this case (hereinafter “the toilet of this case”) and 46, 47, 48, 49, and 46 in order to connect each point of (e) part of (e) church steel tower of this case (hereinafter “the church tower of this case”), and the toilets of this case and church steel tower of this case are annexed to the building of this case.

(C) Of the instant building, the instant toilet and the instant church steel tower (hereinafter collectively referred to as the “instant building, etc.”). Of the instant land, the appraisal in the attached Form No. 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, and 27 shall be deemed as the portion of the instant church site (B), part of the attached table No. 327 square meters connected in sequence to each point of the said land.

(3) K on March 21, 1991, at the time of entry of the registry on the instant building into the fence, fence, packing road, mar, etc., the instant building, etc., on the H land I on the ground of Ansan-si.

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