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(영문) 대전지방법원 천안지원 2018.05.17 2016가단112026
시설물 철거 및 토지인도 등
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is the plaintiff (Counterclaim plaintiff) in Asan City C.

Reasons

1. Facts of recognition;

A. As to the F, 300 square meters F, ASEAN-dong (the administrative district previously changed: Dasan-gun; hereinafter the same shall apply), which is the land prior to the subdivision of the instant land Nos. 1 and 2, the land was completed on September 26, 1972 by Chungcheongnam-do, and G completed the registration of ownership transfer on September 26, 1972.

On October 11, 1972, the above land was divided into F. 55 square meters (168 square meters; hereinafter “instant land 2”) and C. 436 square meters (132 square meters; hereinafter “the instant land”) in ASEAN-si, Asan-si, and the registration of subdivision was completed on December 18, 1972.

B. As to the Plaintiff’s land No. 1 of this case, H completed the registration of transfer of ownership from G on March 23, 1978 for sale and purchase on March 20, 1978. The Plaintiff completed the registration of transfer of ownership on May 25, 1983 from H on August 31, 1983.

In addition, on May 23, 1984, the Plaintiff purchased cement cement and pent roof housing 39.70 square meters on the ground of the instant land No. 1 on the same day and completed the registration of ownership preservation in the name of the Plaintiff on the same day.

C. On December 18, 1972, the Defendant I acquired the instant land ownership from G and completed the registration of ownership transfer by purchasing the instant land No. 2 from G and completing the registration of ownership transfer. On April 10, 1973, the Defendant purchased from J and completed the registration of ownership transfer by purchasing the land No. 248 square meters adjacent to the instant land No. 2 from ASEAN-si (hereinafter “the instant land No. 3”).

L on March 13, 190, concerning the land Nos. 2 and 3 of this case, the registration of ownership transfer was completed on June 25, 1985 due to inheritance by consultation division. The defendant completed the registration of ownership transfer due to inheritance by agreement division on December 14, 2005 concerning the land Nos. 2 and 3 of this case on January 21, 2003.

L around November 30, 1977, on the land of this case No. 3, a new house of 22.7 square meters for cement block structure, cement structure and branch roof single-story housing (hereinafter “instant house”) was built on the land of this case. The registration of preservation of ownership was completed in the name of Chungcheongnam-gun on January 28, 1978, and was in the name of L on December 15, 1982.

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