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(영문) 의정부지방법원 2017.01.13 2016가단4211
건물철거
Text

1. The Defendant points out to the Plaintiff each point of the attached Form 1, 2, 3, 4, and 1 of the appraisal drawings on the ground of 1,975 square meters prior to Seocheon-si.

Reasons

1. The facts subsequent to the facts of recognition are either in dispute between the parties or in full view of the statements and images of Gap evidence 1-1, 2, 3, 2-1, 3-1 to 5, 3-1 and 1-1, and 1-2, and the whole purport of arguments as a result of the request for measurement and appraisal by this court.

On June 30, 1995, the Plaintiff completed the registration of transfer of ownership with respect to the area of 1,976 square meters prior to Socheon-si.

B. On June 8, 2007, the size of 1,976 square meters prior to Seocheon-si is divided into 1,975 square meters prior to C and one square meters prior to D in Seocheon-si on June 8, 2007, but the details of division were not transferred to the register.

(hereinafter referred to as “instant land”) C after division

On the ground of the instant land due to building registration, there is a wooden splate roof 31.46 square meters on the ground of the instant land, and E registered as the owner in the building ledger on September 24, 1998 with respect to a wooden splate roof 31.46 square meters on the ground of the instant land.

In addition, with respect to a wooden splate roof, 31.46 square meters on the ground of the instant land, the holders of the instant ownership preservation registration, F, G, H, and G, on February 27, 199, seem to be the co-property successors of the network E.

In the future, registration of ownership preservation has been completed on February 27, 199, ② ownership transfer registration was made in the first future, ③ ownership transfer registration was completed in March 24, 199.

At present, a wooden splate roof on the ground of the instant land is not managed, and part of it is collapsed, and part of it is immediately before the collapse.

E. Unlike the details entered in the registry, the wooden boat roof 31.46 square meters on the instant land extends over the land of this case and the J land adjacent to the instant land. The part located on the instant land is 15 square meters on the ship’s (A) part which connects each point of the attached appraisal drawings to each point in sequence of 1,2,3,4, and 1.

(hereinafter “instant building” on the ground of the instant land. 2. The assertion and determination are made on the ground that the housing of 15 square meters on board is located on the instant land.

A. As to the plaintiff's claim.

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