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(영문) 광주지방법원 2020.01.29 2018가단509975
건물등철거
Text

1. The Plaintiff (Counterclaim Defendant) indicated in the attached Form 1, 2, 3.0 square meters to the Defendant (Counterclaim Plaintiff) in Gwangju Mine-gu C large 229 square meters, 1, 2, 3.

Reasons

A principal lawsuit and a counterclaim shall be deemed to be combined.

Basic Facts

The Plaintiff owned one-half shares of each of D and E on July 23, 1990, respectively, in the area of Gwangju Mine-gu C large 229 square meters (hereinafter “Plaintiff’s land”). The Plaintiff completed the registration of the entire co-owner’s share transfer on March 20, 209 on the ground of sale by auction of real estate on the same day.

Plaintiff

The land adjacent to the land of Gwangju Mine-gu, Gwangju (hereinafter “instant adjacent land”) and the building on that land (hereinafter “instant adjacent building”) acquired the ownership on December 7, 1967, and the ownership was transferred to the Defendant’s father H on December 31, 1983. Around March 18, 1996, the registration for the transfer of ownership was completed with respect to shares of 1/2 due to the Defendant and I’s “an inheritance by consultation on February 26, 1996.” On September 23, 2016, the registration for the transfer of ownership was completed with respect to shares of 1/2 shares of 1/4 shares due to donations of J and K in the future.”

The adjacent building of this case is indicated in the title section of the register as “a wood farm store and housing 62.48 square meters,” but in fact, the adjacent building of this case is extended without permission exceeding 110 square meters. A part of the extended portion without permission (hereinafter “the extension portion of this case”) is located on the ground of 4 square meters in the part (c) of the attached drawings among the Plaintiff’s land, which connects each point of 1, 2, 3, 6, 9, 10, and 10 square meters in sequence, among the Plaintiff’s land.

[Ground of recognition] According to the above facts of recognition as to the ground for appeal on the claim of the main claim as to the main claim for the entire purport of the pleadings by Gap evidence Nos. 1, Gap evidence Nos. 2-1, Eul evidence Nos. 1, and Eul evidence Nos. 1, and the result of the survey and appraisal on the vice governor of the Korea Land Information Corporation in the Republic of Korea, the part of the extension part of the adjacent building of this case was located above the part of the plaintiff's land, and thus, the plaintiff's ownership was infringed.

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