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(영문) 제주지방법원 2017.10.17 2016가단50534
건물철거등
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. Of the land size of 200 square meters in Jeju-si, the attached Form 1 Map No. 1, 2, 8, 7, 6.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. 1) The process of changing the ownership of the Plaintiff’s land, etc. is 466 square meters in Jeju-si prior to the division (hereinafter “D land prior to the division”).

) The Plaintiff owned shares 200/466 and E owned 266/466 shares. However, on September 15, 2015, the Plaintiff’s land D (hereinafter “D land”).

(C) The Plaintiff’s land is 200 square meters (hereinafter “Plaintiff’s land”).

(2) The Plaintiff owned a house on the ground of the Plaintiff’s land (hereinafter “Plaintiff’s Housing”) and resided therein. The Plaintiff was solely owned by E, and the Plaintiff’s land became solely owned by the Plaintiff.

B. F, G, and H are as follows: (a) F, G, and H are as follows: (b) F, G on May 31, 1995, the first land at Jeju Special Self-Governing Province prior to the subdivision (hereinafter “I land prior to subdivision”).

(A) On July 5, 2000, following the completion of the registration of ownership transfer with respect to each of 1/3 shares, I’s land before subdivision is equal to 613 square meters in Jeju-si (hereinafter “I’s land”).

) The Defendant’s land and J J 475 square meters (hereinafter “Defendant’s land”).

F and G were divided into 1/2 shares, and H were owned solely by the Defendant’s land. 2) Since then H died, K (H’s wife) among the Defendant’s land completed the registration of ownership transfer on June 8, 2006 on each of 2/11 shares as to each of the 2/11 shares of L, M, N, andO (H’s children) by inheritance on January 9, 2004.

3) The Defendant, a fraud of H and K, purchased the Defendant’s land on October 19, 2010 from the procedure for compulsory auction ( Jeju District Court P) on the Defendant’s land and completed the registration of ownership transfer on October 20, 2010. 4) On the Defendant’s land, there is a wooden bitle housing owned by the Defendant (hereinafter “Defendant’s housing”). At present, the Defendant’s mother’s domicile, K is located. Part of the Defendant’s housing is the part (a) in which part of the Plaintiff’s land connects each point of the Plaintiff’s land to 1,2,8,7,6, and 13 square meters (hereinafter “the instant dispute”).

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