(영문) 청주지방법원 2015.11.12 2014가단21960

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Reasons

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(영문) 청주지방법원 2015.11.12 2014가단21960

건물철거 및 토지인도

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1. The Defendant (Appointed Party) delivered 70 square meters to the Plaintiff, Seowon-gu, Seowon-gu, Cheongju-si, and indicated the foregoing ground drawings.

Reasons

1. Determination on the cause of the claim

A. On June 18, 2011, the Plaintiff was inherited from his father G to 70 square meters, Seo-gu, Seo-gu, Seo-gu, Seo-si (hereinafter “instant land”) and completed the registration of ownership transfer on October 13, 201.

(G) On December 22, 1975, the G acquired the instant land ownership. From around 1985, the Defendant (Appointed Party B; hereinafter “Defendant”)’s father, the father of the Defendant (Appointed Party B; hereinafter “Defendant”) owned from around 1985 26.45 square meters of the instant land on the ground of the instant land, in fact, the land was in a state of non-registration.

At present, on the ground of this case, the part (Ga) of the ship connecting each point of 1, 2, 3, 4, 5, 8, and 1 in sequence with each point of 1, 2, 3, 4, 5, 8, and 1, and the part (Ga) of the ship connected each point of 5, 6, 7, 8, and 5 with each point of 30 square meters in the boiler room and 4, 3, 9, 10, 11, 12, and 4 of the same drawings are the parts (Ga) of the ship connected each point of 5 square meters in the warehouse, 16, 17, 18, 19, and 16 each point of 5 square meters in the order of each point of 5, 13, 14, 11, 10, and 15 of the annexed drawings are not registered in each of the buildings (hereinafter referred to as "the buildings in question").

Defendant Appointers D, E, and F, who are the defendants and their families, are residing in each of the buildings of this case.

[Reasons for Recognition] A without dispute, entry of Gap evidence 1 through 5, Eul evidence 1, result of the measurement and appraisal commission to the Korea Cadastral Corporation, the purport of the whole pleadings

B. According to the above facts of recognition, the defendant owned each of the buildings of this case constructed by H, or received the inheritance of 26.45 square meters from H as seen earlier, but removed and newly constructed each of the buildings of this case.

Therefore, unless there are special circumstances, the defendant is the owner of the land of this case.

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