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(영문) 창원지방법원진주지원 2015.05.22 2013가단16059
건물철거 등
Text

1. The defendant shall be the plaintiff.

(a) remove the buildings listed in the sequence 2 in the annex real estate;

(b)attached real estate;

Reasons

1. Basic facts

A. Current status of land and ownership change 1) On June 8, 1985, the Plaintiff is specified as C 5,693 square meters (hereinafter referred to as “the land number”) at Jinju-si, Jinju-si.

The registration of ownership transfer was completed on May 2, 1974 in accordance with the former Act on Special Measures for the Transfer, etc. of Ownership of Real Estate (amended by Act No. 3562 of Apr. 3, 1982). 2) The registration of ownership transfer was completed on October 15, 1985 pursuant to the former Act on Special Measures for the Transfer, etc. of Ownership of Real Estate (amended by Act No. 3562 of Apr. 3, 1982).

3) On April 15, 1994, E field 469 square meters was divided from D land before the division, and D field 470 square meters remaining after the division (hereinafter “instant land”). This is identical to the land indicated in the No. 1 of the indication of attached real estate.

(4) On January 26, 1995, the Plaintiff filed a lawsuit seeking cancellation on the ground that the registration of transfer of ownership in the name of the Defendant with respect to the instant land should be cancelled due to the invalidation of the cause, and the Defendant purchased the instant land.

A defense was made to the effect that the acquisition by prescription is a valid registration that conforms to the substantive relationship after the acquisition by prescription is completed.

On September 1, 2011, Jinwon District Court rendered a judgment citing the plaintiff's claim on the ground that the registration of ownership transfer in the name of the defendant with respect to the land in this case is null and void (the main lawsuit in the Changwon District Court Decision 2010Da3311, 2010dan6105 (Counterclaim)), and the defendant appealed, but the defendant appealed against it, but the judgment dismissing the appeal on October 10, 2013 (the main lawsuit in the Changwon District Court 201Na1782, 201Na11799 (Counterclaim)), and the above judgment became final and conclusive on October 31, 2013.

(hereinafter referred to as “instant lawsuit”).

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