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(영문) 부산지방법원서부지원 2020.12.22 2018가단103820
건물등철거
Text

1. The Defendants are to the Plaintiff:

A. In common, among the 81m2 in the Busan Seo-gu D school site, the annexed drawing No. 9, 12, 13.

Reasons

1. Basic facts

A. On August 18, 2014, the Plaintiff purchased 88/35 percent of the 329 square meters of the F School site in Busan Seo-gu Busan Metropolitan City (hereinafter “previous land”) from Busan Metropolitan City, and completed the registration of transfer of shares in its name on October 14, 2014.

B. G, a co-owner of the previous land, filed a lawsuit against the Plaintiff to seek partition of co-owned property as Busan District Court Decision 2016Gadan37187, and the Plaintiff filed a counterclaim against G to claim partition under the control of 2018Gadan327832. On February 12, 2018, in the instant case, “81m2 (hereinafter “instant land”) was owned by the Plaintiff in Busan Seo-gu D School Site (hereinafter “instant land”) and the remaining parts are divided as owned by G, and the Reconciliation Recommendation Decision became final and conclusive on March 6, 2018.

C. According to the instant decision on recommending reconciliation, the instant land was divided into the previous land on January 14, 2019, and on February 18, 2019, a share transfer registration was made in the Plaintiff’s name on the ground of the partition of co-owned property on March 6, 2018 on the share of 267/35, which is G, out of the instant land.

On the other hand, on December 7, 1992, the Plaintiff sold 45.49 square meters of a house and a store located near the previous land to H on the 1st day of Busan Seo-gu Yan-gu Gabro E block structure slive roof (hereinafter “instant building”) and made a registration of ownership transfer to H on December 31, 1992, and H donated 1/2 of each of the instant buildings to Defendant C and ASEAN on October 23, 2002, and completed each transfer registration to the Defendants on October 25, 2002.

E. However, among the instant building, four square meters of the instant building (hereinafter “the instant building portion”) is constructed on the ground of four square meters (4 square meters in part (c) area in the ship (hereinafter “4 square meters in part (c)”) connected each point of the instant land, among the instant land, with the indication of the attached drawing Nos. 9, 12, 13, and 9 attached hereto. Of the instant land, the instant building portion is located on the ground.

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