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(영문) 수원지방법원 2016.08.25 2014가단24088
건물철거
Text

1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;

2. The Defendant (Counterclaim Plaintiff) and the Defendants are included in the attached Table.

Reasons

1. Determination as to the principal lawsuit

A. (A) The Plaintiff purchased the instant land from M on September 11, 2013 and completed the registration of ownership transfer on the said land on October 14, 2013.

B) The network N (hereinafter referred to as “the network”)

(A) around 1925, the building listed in the separate sheet (hereinafter referred to as “instant building”).

(C) The Defendant (Counterclaim) is the wife of the Deceased, and the Defendant C, D, E, F, G, and netO are the consciousness of the Deceased.

Defendant I’s wife, Defendant J, and K are the deceasedO’s own consciousness. The instant building is a unregistered building; and two square meters inside a ship connecting each point of the attached Table 2, 3, 4, 5, 6, 20, 21, 22, and 2 in order to connect each point of the two-four square meters inside the ship connected in order of the attached Table 2, 3, 4, 6, 20, 21, 22, and 2 among the above buildings (hereinafter “instant bedroom building”).

(2) According to the above facts, the Defendant (Counterclaim Plaintiff) and the Defendants, who inherited the instant building due to the death of the Deceased, are obliged to remove the instant sunken building on the instant land.

B. Determination 1 on the defense of the Defendant (Counterclaim Plaintiff) and the Defendants: (a) the deceased and the inheritors owned the instant sunken building; and (b) they occupied the part on which the instant building was located in a peaceful and public performance for not less than 60 years. As to the part on which the instant sunken building was located among the instant land, the prescription for possession and acquisition was completed; (b) the deceased and the inheritors owned the instant sunken building for not less than 60 years; and (c) there is no dispute between the parties as to the fact that the deceased and the inheritors occupied the part on which the instant building was located in the instant land for more

On the other hand, on December 1, 1973, the registration of transfer of ownership in P was completed on December 1, 1973 with respect to the land prior to the subdivision of this case (hereinafter “land prior to the subdivision of this case”). On December 14, 1990, among the land prior to the subdivision of this case, 387/486.

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