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(영문) 부산지방법원 2016.10.26 2015가단245714
건물철거등
Text

1. For the plaintiffs:

A. Defendant C is each indicated in the attached Form No. 5, 6, 22, 21, 20, 20, and 5 among the land size of 333 square meters in Yangyang-si E.

Reasons

Basic Facts

On August 16, 2004, the Plaintiffs purchased a 333 square meters E large 33 square meters (hereinafter “instant land”) and a 92.57 square meters housing of the ground wooden season and the branch roof, and completed the registration of transfer of ownership on September 7, 2004 with respect to each 1/2 portion.

On the other hand, on July 23, 2004, Defendant C purchased 138 square meters in F. F. 138 square meters adjacent to the instant real estate (hereinafter “the instant land”) and 46.28 square meters in the ground wooden section, Gabble block block block block block block block block block block block block block block block block block block block block floor, 19.4 square meters in the instant block structure (hereinafter “instant block block structure”). On the same day, Defendant C purchased the instant block building, and completed the registration of ownership transfer as to the said land and building on the same day.

Of the instant block structure housing, the portion 11m2 in the attached Form No. 5, 6, 22, 21, 20, and 5 of the instant block structure is located on the land owned by the Plaintiffs, and the portion 25m25m2 in the attached Form No. 16, 23, 24, 15, and 16m2 among the instant block structure housing.

In addition, Defendant C’s mother is residing in the instant wooden house and the instant block structure not later than the closing date of pleadings, but not only the instant wooden house and the instant block structure until the closing date of pleadings, and also Defendant D uses the portion of 59 square meters, which was caused by the collision of each point of the attached Form No. 4, 5, 20, 21, 22, 25, 26, 14, 15, 24, 23, 16, 17, 19, and 4, which are part of the instant land owned by the Plaintiffs, as a marina and passage.

[Grounds for recognition] Each entry in Gap evidence Nos. 1-4, the result of the appraisal commission to the Korea Land Information Corporation of this Court, and the above facts of recognition as to the grounds for the entire purport of the pleadings, barring any special circumstances, the plaintiff, and the defendant C, in turn, connected each point of the separate drawings Nos. 5, 6, 22, 22, 21, 20, and 5 among the houses of this case.

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