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(영문) 창원지방법원 통영지원 2017.01.25 2016가단1389
건물철거및 토지인도
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated in the attached Form 1, 2, 3, 4, 5, and 1 among the land size of 381 square meters in a 381 square meters to the Plaintiff-Counterclaim Defendant (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. D on November 17, 1993, registered the transfer of ownership on the ground of donation with respect to C large scale 381 square meters (hereinafter “instant land”).

Since May 197, D removed the existing house on the land of this case, and newly constructed a slved (Influence) slved roof house, warehouse, and toilet on September 18, 1997, D made registration of preservation of ownership on the above house on December 1, 1999.

B. On March 4, 2006, the Plaintiff purchased the instant land and the instant land from D, and completed the registration of ownership transfer on March 20, 2006 with respect to the said land and housing, and is currently residing in the said housing.

C. The Defendant’s spouse net E, from F on December 30, 1993, completed the registration of transfer of ownership on the ground of sale with respect to G large 206 square meters (the original parcel number was “H at the time,” but it was changed to the lot number as of the 1990s; hereinafter, the Defendant’s spouse net E, including the former parcel number and the present lot number, was registered on the ground of sale.

In the previous G land, from around 1966, there were 32 square meters of a block-building house and 23.8 square meters of a wooden house. However, on May 1996, the network E removed the above block-building house and wooden house that had not been registered, and on June 3, 1996, it commenced the construction of 89.82 square meters of the wall-building one-story roof of the brick structure, the building of an appurtenant block slve roof, and the 8.58 square meters of a toilet room (hereinafter “each building of this case”), and obtained approval for use around September 17, 1996.

On March 21, 2004, the deceased on March 21, 2004, the Defendant completed the registration of ownership transfer on the ground of inheritance by agreement division with respect to the G land of this case on August 5, 2005, and completed the registration of ownership preservation in the name of the Defendant on the same day.

E. The instant land and the instant G land are adjoining each other, and each of the instant buildings is indicated in the attached Form 1, 2, 3, 4, 5, and 1 among the land owned by the Plaintiff.

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