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(영문) 청주지방법원 2019.11.21 2019가단25356
건물등철거
Text

1. As to the Plaintiff, the Defendant: (a) is not less than 1012m2 square meters in Seogyeong-gun, Chungcheongnam-do; (b)

(a)the annexed drawings 1 to 6, among them;

Reasons

1. Facts of recognition;

A. The Plaintiff completed the registration of ownership transfer on or around July 9, 1980 on the ground of sale as of October 5, 1972 with respect to the land of 1012 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant land”).

B. The Defendant’s attached D built a building on the land in this case, which is indicated as 30,74 square meters of the soil brick structure, 30,74 square meters of the land of this case, and the soil brick structure, 21.15 square meters of the land of this case, and the earth brick structure, 16.2 square meters of the building, 16.2 square meters of the building, and 4.95 square meters of the earth brick structure, and the building was approved for use on around 1945, and registered on the building ledger around that time.

C. Housing, etc. constructed D was altered into 30 square meters in the ship (B) section of the ship connecting each point of the (A) section of the soil wall structure, stone stone structure, bridge roof, 2, 7 through 9, and 10 square meters in order to connect each point of (2) the part (c) of the ship connecting each point of (a) the soil wall, stone stone structure, bridge, roof toilet, 15 square meters in the same drawing, 10 through 13, and 10 square meters in the same drawing, and (d) the part (c) of the ship connecting each point of (d) the (d) section of soil wall, stone stone structure, and 35 square meters in the warehouse of the same drawing, and 14 through 17, and 14 of the same drawing.

(hereinafter “instant building, etc.”) D.

Around June 2015, the Defendant donated the instant building, etc., and completed all the registration of ownership transfer to the Defendant following registration of ownership preservation in D name around that time.

E. On August 27, 2019, the Defendant deposited KRW 300,000 with the land usage fee for the period from 2016 to 2018 on the instant land, where the instant lawsuit was pending, with the Plaintiff.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 17 evidence, Eul 2 and 3 evidence, and the purport of the whole pleading

2. The parties' assertion

A. The Plaintiff’s assertion 1 Plaintiff’s father E is about 157 square meters of part of the land of this case, and the Defendant’s father D for the purpose of owning a building on a day-to-day basis, 400 square meters and the time of payment each year.

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