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(영문) 대전지방법원 2015.10.30 2014나7092
건물철거등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. Article 1 of the judgment of the court of first instance

Reasons

1. Basic facts

A. On September 30, 1968, the land division, etc. was divided into the C & 17 square meters in the G land in ASEAN-si on September 30, 1968, and the H & 3 square meters in ASEAN-si on October 31, 1969. 2) The above H & 3 square meters in ASEAN-si was divided into the H & 1 square meters in ASEAN-si and I and 2 square meters in ASEAN-si on January 7, 2004, respectively. The above C & 17 square meters in ASEAN-si was divided into the C & 6 square meters in ASEAN-si and J & 11 square meters in ASEAN-si on January 7, 2004, and on March 24, 2008, the pertinent land was combined into the P & 17 square meters in ASEAN-si (hereinafter referred to as the “M & 7 square meters in ia-si”).

3) On the other hand, on August 16, 1972, the 20 square meters of ASEAN was combined with Kasan-si 18 square meters, Asan-si Ga, Asan-si 20 square meters, and thereafter, the 66 square meters of ASEAN-si 66 square meters was established through the conversion into the area unit. The said 66 square meters of ASEAN-si Ga-si 66 square meters of 31 square meters (hereinafter “the adjoining land of this case”).

B) The Plaintiff was divided into 35 square meters each with respect to each of the above lands in Busan Metropolitan City and ASEAN. (B) The Plaintiff owned the instant land after purchasing from D the land in Busan Metropolitan City with 17 square meters wide as of May 21, 1998 and the H land in Busan Metropolitan City with 3 square meters wide as of May 21, 1998, and completing the registration of ownership transfer with respect to each of the above lands.

2) On October 21, 1969, Sinsan City, on October 15, 1969, Sinsan City, on the registration of ownership transfer based on sale and purchase on October 15, 1969. As seen earlier, the above land was a 66m3 m3, Gasan Sinsi by means of annexation with G land and conversion into the area, and on September 8, 2005, the Defendant owned the neighboring land of this case since the registration of ownership transfer under the Defendant’s name on March 15, 2005 for the above 66m3m3 m3 as of the above Gasan-si, Sinsan City by consultation and division was completed on March 15, 2005. Meanwhile, on October 21, 1969, Sinsan-si purchased the adjacent land from the neighboring building, which was unregistered on the ground (hereinafter “the building of this case”).

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