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(영문) 의정부지방법원 2017.04.25 2016가단106414
건물등철거
Text

1. The Defendant (Counterclaim Plaintiff) claims and claims against the Plaintiff (Counterclaim Defendant, the designated party) and the designated parties on January 16, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On May 13, 1954, the registration of ownership transfer was completed on May 13, 1954 in the name of the plaintiff and the designated parties D (the deceased on October 3, 1957, hereinafter "the network D"), and on October 1, 1963, the registration of ownership transfer was completed in the name of Dong E (the deceased on October 10, 2003, hereinafter "the deceased E") of the plaintiff and the designated parties due to inheritance on October 3, 1957.

B. On January 1, 1995, the Ministry of Land, Infrastructure and Transport changed the administrative district and the change of name on January 1, 1995, and the conversion of the area into the area unit on January 29, 2004, the indication was changed to the “FJ 397 square meters in Namyang-si, Namyang-si.”

C. As to the instant land, the registration of ownership transfer was completed in the name of G, which is a male-presidential system of the plaintiff and the designated parties, due to the legacy of October 10, 2003 as of January 29, 2004.

In addition, on June 18, 2007, the plaintiff and the designated parties completed the registration of ownership transfer on the ground of mediation on January 26, 2007 (Seoul High Court 2006Na3860) (Seoul High Court 2006Na3860).

On the other hand, the plaintiff and the designated parties are the third-party of the network H, which is the evidence of the plaintiff and the designated parties, and the deceased's father's father is the deceased J (the deceased on November 7, 2012, hereinafter "the deceasedJ"), and the defendant is the husband of the above networkJ.

E. On the ground of the instant land, real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant building”) owned by the Defendant is located, and according to the ordinary building ledger on the instant building, the Defendant was registered as the owner of the instant building in 1952.

F. On March 10, 2015, the Plaintiff received a decision to temporarily dispose of the instant building under the jurisdiction of the District Court 2014Kadan4661 by designating the Defendant as the debtor on March 10, 2015, with the right to preserve the instant building as the right to demand an order for the sale of the building (or the land) based on the ownership, and on March 13, 2015, the registration of ownership preservation was completed in the name of the Defendant on the instant building.

[Reasons for Recognition] There is no dispute;

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