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(영문) 청주지방법원 2016.11.09 2015가단110331
건물등철거
Text

1. The defendant is against the plaintiffs:

(a) Of the 1,164 square meters in Cheongju-si Cheongju-si D 1,164 square meters, the attached Table No. 15,16,17,13,18,19.

Reasons

1. Facts of recognition;

A. On August 17, 1987, E completed the registration of ownership transfer due to the successful bid on March 2, 1987 with respect to the land located in Seo-gu Seoul Metropolitan Government D (hereinafter “instant land”).

B. The plaintiff B purchased the plaintiffs' land from the above E in 1988 from the plaintiff Eul, but did not complete the registration of transfer of ownership immediately. The plaintiff B completed the registration of transfer of ownership by 1/2 shares in the future of the plaintiffs on June 1, 1994.

C. On May 4, 1989, the Defendant completed the registration of ownership transfer based on the sale on April 29, 1989, with respect to the land located in Heung-gu F (hereinafter “Defendant’s land”).

The Defendant acquired the ownership of the Defendant’s land through the above E and intended to purchase part of the Plaintiffs’ land to be used as access roads to the Defendant’s land among the Plaintiffs’ land. However, the Plaintiff Company refused to sell only part of the Plaintiffs’ land and proposed to purchase all the Plaintiffs’ land. However, the sale did not comply with the price terms and conditions.

The Defendant, among the plaintiffs' land of this case, uses a non-packaged road installed on the part of 44m2 "b" (hereinafter "the access road of this case") that connects each point of the attached Table 15, 16, 17, 13, 18, 19, and 15 in sequence among the land of this case, and uses the access road of this case as a road leading to the defendant's land of this case.

E. At present, land connected with the Defendant’s land is the access road in this case. The access road in this case is divided into 363 square meters in the ship, which connects each point of 1 through 4, 15 through 17, 14, and 14, and each point of 18, 19, 5, 12, and 18, such as the portion of “1”, and the access road in this case, are divided into 363 square meters in the ship, which connects each point of 18, 19, 5, 12, and 18 square meters in sequence.

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