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(영문) 대전지방법원천안지원 2017.11.09 2016가단109617
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 19,692,722 to the Plaintiff (Counterclaim Defendant) and its related amount from October 11, 2017 to November 9, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. C, on February 16, 1965, completed the registration of ownership transfer for the land of this case on May 20, 1954 with respect to D & 466 square meters (the land category was changed to a religious site on August 26, 1994; hereinafter “instant land”). E, on October 15, 1990, entered into a sales contract with C on the instant land and completed the registration of ownership transfer for the instant land on December 31, 1990. The Defendant donated the instant land from E on February 26, 2009 and completed the registration of ownership transfer for the instant land on March 2, 2009.

B. F, the husband of C, newly constructs 36.6 square meters of a mentment, brick structure, and 36.6 square meters of a housing on the ground of the instant land, and completed the registration of ownership preservation on the said housing under the name of C, etc. on November 4, 1986, after completion of the completion inspection on May 30, 1985. E purchased the instant land from C, on October 15, 1990, and completed the registration of ownership transfer on December 31, 1990.

E thereafter, after constructing 47.54 square meters on the instant land, the instant land as well as the instant land, E was approved for use on August 5, 1994, and thereafter used the said housing and buildings as “G school facilities”.

C. The Plaintiff owned a building without permission or non-registration (hereinafter “Plaintiff’s building”) on the instant land and HH land adjacent to the instant land, Asan City, and I land adjacent to the instant land. However, among the Plaintiff’s building, 31 square meters of the instant building was constructed on the ground part (i) of the instant land, in order to connect each point of the attached Form 1 Map No. 1, 2, 3, 4, and 1 among the instant land, and the appurtenant building 11 square meters of the instant land was constructed on the ground in sequence of the attached Form No. 1 Map No. 2, 5, 6, 7, 8, 3, and 2, connected each point of the instant land, among the instant land.

Inboard (a) and (b) the sum of 42 square meters in total, which are the site for each of the above buildings (hereinafter referred to as “the instant part”).

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