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(영문) 수원지방법원 2017.03.29 2015가단136520
건물철거 및 토지인도
Text

1. Of the Defendant-Counterclaim Plaintiff’s primary counterclaim, the Plaintiff-Counterclaim Intervenor (Counterclaim Defendant) is against the Plaintiff-Counterclaim Intervenor.

Reasons

A principal lawsuit and a counterclaim shall be deemed as the same.

1. Facts of recognition;

A. With respect to the land listed in the separate sheet No. 1 (hereinafter “instant land”), the registration of ownership transfer was completed in order in the name of the Plaintiff on August 7, 1958 and two others, F on January 25, 198, and May 1, 1991.

B. On April 25, 1959, the land adjacent to the instant land was divided into G on April 25, 1959. The Defendant and his husband began to reside in the instant building after purchasing the adjoining land and the unregistered building on its ground (hereinafter “instant building”).

C. On October 25, 1982, the Defendant completed the registration of ownership transfer with respect to the land adjacent to this case under the Defendant’s name, and completed the registration of ownership preservation with respect to the building of this case on May 13, 1983.

The actual boundary of the instant land and the instant adjacent land is the line connected in sequence 9, 8, 10, 10, 11, and 11, and part of the instant building is a location where 45 square meters in a ship, which connects each point of the instant land in sequence of 1,2, 3, 4, 4, 5, 6, 7, 10, 10, and 45 square meters in the same drawing among the instant land, are located, and the Defendant occupies and uses the portion of 139 square meters in a ship, which connects each point of 1,2,3,4, 5, 6, 7, 8, 9, 8, 10, 10, 11, and 11 in sequence, among the instant land, as the site and pere of the instant building.

E. The Plaintiff’s successor completed the registration of ownership transfer on July 1, 2016 regarding the instant land.

F. The Plaintiff completed the registration of partial transfer of ownership on July 19, 2016 on the share of 200/3,498 of the instant land.

G. The Plaintiff’s succeeding intervenor completed the Plaintiff’s entire transfer registration on December 2, 2016, Nos. 187952, which was received on December 2, 2016, with respect to the Plaintiff’s 200/3,498 shares in the Plaintiff’s name among the instant land, on December 2, 2016.

(hereinafter referred to as the "registration of transfer of share of this case").

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