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(영문) 대전지방법원공주지원 2017.07.13 2016가단22195
건물등철거
Text

1. The defendant has each point of the attached Table 1, 2, 3, 4, 5, 6, 7, 8, and 1 among the land size of 657 square meters in the city of public housing in the city of public housing.

Reasons

1. Basic facts

A. D has completed each registration of transfer of ownership with respect to C 56 square meters and E E 601 square meters prior to the merger on March 18, 1993.

On October 7, 2002, the Plaintiff completed the registration of ownership transfer with respect to the return of the said two parcels (the above return is merged on November 25, 2015, and is 657 square meters in Gongju-si. The above combined return is hereinafter referred to as “the Plaintiff’s land”).

B. Around July 30, 1971, F, the father of the Defendant, purchased H large 443 square meters from G prior to the partition, and completed the registration of ownership transfer on August 11, 1971. The Defendant completed the registration of ownership transfer on the above site on April 22, 1992 by agreement and division as of May 19, 198.

On May 18, 2016, the Defendant divided the said site into H large 134 square meters (hereinafter “instant land”) and I large 309 square meters (hereinafter “instant land”).

C. At present, the Defendant currently owns a Y ground drilling and a bridge roof 101.07 square meters (hereinafter “the instant refinery”). According to the building ledger on the above building, the building on the H ground was newly constructed around 1937 in Gongju-si, and the building on the H ground was extended around 1940.

Meanwhile, as of March 28, 198, Korea has completed the registration of ownership preservation on the land of the Plaintiff, part of the attached Table 1, 2, 3, 4, 5, 6, 7, 8, and 1 among the land of the Plaintiff, where part of the attached Table 1, 2, 4, 5, 6, 7, 8, and 6m2 (hereinafter “the instant land”) connected each other, and part of the land of J road 13,383m2 (hereinafter “the instant road”).

[Based on Recognition: Gap evidence Nos. 1, 2, 8, Eul evidence Nos. 1 through 5 (including the number of branches), and the result of a request for surveying and appraisal to the Director of the Korea Land Information Corporation and the purport of all pleadings]

2. According to the above facts, according to the judgment as to the cause of the claim, the defendant who owned the instant sediment land while possessing the instant sediment land.

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