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(영문) 인천지방법원 2020.04.29 2018가단17753
건물철거 및 토지인도
Text

1. The defendant shall be the plaintiff.

A. Of the 49.3 square meters in Michuhol-gu Incheon Metropolitan City, the attached appraisal map is indicated as 9, 10, 11, 12, 13, 14, 15, 16.

Reasons

1. Facts of recognition;

A. On December 23, 1974, the registration of preservation of ownership was completed in the future of Incheon City on the property of 17.2 square meters in the Michuhol-gu Incheon Metropolitan City, and the registration of transfer of ownership was completed in the name of D (the Plaintiff’s lusium) on the ground of “trade as of April 29, 1964,” and on September 20, 2004, the registration was completed on September 20, 2003 square meters in the name of Michuhol-gu, Incheon Metropolitan City (hereinafter “C land”) as of September 20, 204.

On March 3, 2008, the Plaintiff and F (former spouse of the Plaintiff) have completed the registration of transfer of one-half shares in the future, and thereafter the Plaintiff acquired F’s shares and owned the said land solely from May 18, 2016.

B. The registration of ownership preservation has been completed in the future of Incheon City for the area of 36.1 square meters in the Michuhol-gu Incheon Metropolitan City. On July 15, 1980, the registration of ownership transfer was completed in the name of H (Defendant’s assistance) on the ground of “sale on May 1, 1960,” and on May 16, 1998, the registration was completed in the name of H (Defendant’s assistance) and was combined with the area of 17.2 square meters in May 16, 1998, and was now 5.9 square meters in the Michuhol-gu Incheon Metropolitan City (hereinafter

On May 16, 1998, the Defendant acquired the ownership of the above land on the ground of “the donation from May 15, 1998.”

C. The J land and C land are located immediately adjacent to each other, and the housing below the Defendant’s ownership on both land is the instant housing.

(B) The instant housing is constructed. Of the instant housing, the portion of the attached sheet Nos. 9, 10, 11, 12, 13, 14, 15, 16, 17, 17, and 9, the portion of the attached sheet No. 17, 16, 15, 18, 17, and the same appraisal value per se connected each point in sequence with each point of No. 36 shall be indicated, 17, 16, 15, 18, and 17, are constructed on the land of C, and the Defendant occupies and uses the entire land of C by using the remaining land as a marina, etc.

2. Determination

(a)the cause of the claim;

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