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(영문) 인천지방법원 2017.11.14 2015가단250184
건물등철거
Text

1. The Defendant (Counterclaim Plaintiff) on the one-half share of each of the Plaintiff (Counterclaim Defendant) on the ground of land of approximately 430 square meters in Bupyeong-gu Incheon, Bupyeong-gu.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 29, 1974, the Plaintiff completed the registration of ownership transfer with respect to the Bupyeong-gu Incheon Ean 238 square meters prior to the subdivision. On July 30, 1974, the Plaintiff newly constructed a mentment, brick and brick, and two-story stores and housing (one story 116.63 square meters, two stories 43.97 square meters, hereinafter “previous building”) on the ground of the above land, and completed the registration of ownership transfer in the name of the Plaintiff.

B. On March 5, 1975, the Plaintiff: (a) was divided into the Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) 180 square meters and 28 square meters in Bupyeong-gu, Incheon; and (c) the previous building was located on the ground of the land indicated in the foregoing paragraph (2).

C. The Bupyeong-gu Incheon Bupyeong-gu D 180 square meters (hereinafter “Plaintiff’s land”) was 430 square meters (hereinafter “the Plaintiff”) in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, through the division, and the Bupyeong-gu, Incheon, Bupyeong-gu E division was 178 square meters in size (hereinafter “Defendant’s land”). D. D. The area was 178 square meters in Bupyeong-gu, Incheon, Bupyeong-gu.

The Plaintiff sold the Defendants’ land and previous buildings to F on September 9, 1975, and F sold them to G on November 14, 1978, to G, to H on April 9, 198, and H on December 28, 1993, respectively. The Defendants purchased the Defendants’ land and previous buildings from I on November 10, 201, and completed the registration of ownership transfer on each 1/2 portion of each of the Defendants’ land and previous buildings on December 5, 201.

E. Meanwhile, since the Plaintiff was newly constructed, the previous building was in the same state as the present building through extension (hereinafter “the Defendant’s building”), among the Defendants’ buildings, 13, 15, 14, 11, 12, and 13 marks in the attached Table (1), 14, 15, 16, 16, 9, 10, 11, and 14 marks in the same map, and 10 square meters in order to connect each point of 24, 25, 26, 27, 28, 29, 21, 22, 23, and 24 of the previous building (2), and 24, 24, 10 square meters in the attached Table (hereinafter “the first floor bed parts”), and 24, 25, 26, 27, 29, 29, 24, 23, and 24.

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