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Reasons
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(영문) 의정부지방법원 2018.01.12 2015가단112054
건물철거 등
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1. The defendant shall be the plaintiff.

(a) Indication 15, 16, 17, 18, 19, 20, 21, 22, 23, and 15 of the annexed drawings on land of 142 square meters in Guri-si.

Reasons

1. Facts of recognition;

A. On April 12, 1990, the Plaintiff completed the registration of transfer of ownership in its name with respect to G maintenance 1,144 square meters and C large 142 square meters in Gu-si, Gyeonggi-do.

B. On April 24, 2009, the Defendant completed the registration of ownership transfer in its name on the ground of inheritance by consultation division on April 4, 2009, on the following grounds: H 319 square meters, D 483 square meters, I 264 square meters, F miscellaneous land, 73 square meters, and E prior 31 square meters (hereinafter each of the lands of paragraphs (a) and (b) with lot numbers and land categories as before E).

C. On three lots, such as the land owned by the Plaintiff, HJ, I, etc., a wooden flag and a cross-story building, etc. (in relation to a wooden flag and a single-story house, a wooden flag and a single-story general restaurant, 62.4 square meters, and a studio 4.2 square meters; hereinafter “instant building”). On the ground of H, the Defendant completed the registration of ownership transfer on April 24, 2009, a separate one unit of a single-story building, the registration of ownership transfer of which was completed by the Defendant on the ground of “189 square meters of Class II neighborhood living facilities of Class B neighborhood living facilities of Class B of the steel Gap Location District,” (see, e.g., evidence Nos. 9 and 10, and the result of the on-site verification by this court). As to the instant building on April 24, 2009, the Defendant completed the registration of ownership transfer under the name of inheritance on April 4, 2009.

Of the instant building, the parts constructed on the C-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

(The rent from April 4, 2009 to December 31, 2009 is KRW 516,200 x 27/30 x 4,594,180, and the rent from April 4, 2009 to May 31, 2016 is KRW 46,469,799 ( KRW 4,67,013-4,594,180) x 46,396,9666).

E. From October 2016 to July 2017, this Court has maintained G and between J reservoir located on the southwest side.

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