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(영문) 창원지방법원진주지원 2013.01.25 2011가단14387
시설물철거등
Text

1. The defendant shall be the plaintiff.

(a) remove cement packaging on the ground of 295m2 in the B-water site at Sacheon-si;

B. The above A.

(b).

Reasons

1. Facts of recognition;

A. C completed the registration of ownership transfer in its name on December 21, 1972, Sacheon-si D reply 737 square meters.

However, in the copy of the real estate register, the name of the owner was mistakenly stated E.

In the name column of the land substitution plan (Evidence 2), “E” and “E” are written in the address column, and in the name column of owners in M, B and G, “E” and “L” are written in the name column of owners in each land cadastre column of M, B and G, and L is the former permanent domicile of C.

B. The above D 737 square meters was replaced with F 2,041 square meters according to a replotting disposition on May 22, 1980 (hereinafter “after replotting”).

C. On December 10, 1981, land after replotting was divided into F 1,017 square meters, B 295 square meters (the land category is changed to the water supply site on the same day; hereinafter “instant land”) and G 729 square meters.

G 729 square meters were divided into G 529 square meters and H 200 square meters on June 2, 198.

I attached the letter of guarantee around December 2006 to Sacheon City Mayor for the issuance of a written confirmation to verify the following: “Sacheon City Mayor: (a) Jacheon-si: (b) the purchase of the land in question in F 1,017 square meters and G 529 square meters (hereinafter “the land in three lots”) including the land in question,” and (c) the purchase of the land in question; and (d) on December 31, 2007, the Sacheon City Mayor issued to I a written confirmation verifying the above fact.

Accordingly, on May 2, 2008, I made a transfer registration of ownership in its name (hereinafter “transfer registration of ownership in this case”) under the former Act on Special Measures for the Transfer, etc. of Ownership of Real Estate (Act No. 7500, invalidation, and special Measures Act) on the land in this case on October 25, 1985.

E. On October 18, 2010, the Defendant commenced the construction of bicycle roads at the above Jilwon, and performed earth works on the land in the dispute of this case, which is part of the site of the said bicycle road, from February 201 to January 201, and conducted cement packaging around May 201.

F. I sold the instant dispute land to the Plaintiff and K on June 10, 201, and on June 6, 2011.

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