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(영문) 창원지방법원통영지원 2013.11.19 2013가단2091
건물철거등
Text

1. Defendant C shall, in turn, turn out to the Plaintiff each point of the attached Form Nos. 1, 2, 3, 4, 5, and 1, among the area of 225 square meters in Tong-si, Dong-si.

Reasons

1. The following facts are found to be without dispute between the parties, or acknowledged in full view of the arguments as to Gap evidence 1-1, 2, A2-7, Eul evidence 1 and 4, each of Eul evidence 2-1 and Eul evidence 2-4, the results of the on-site verification by this court, and the results of the fact inquiry into the light drawings by this court under the control of this court.

A. On November 1, 1930, the registration of transfer of ownership was completed on October 29, 1930, and on October 23, 1989, F, G, and six other parties, the heir of E on October 23, 1989, and the registration of transfer of ownership was completed on February 4, 1984.

B. The registration of ownership transfer was completed on April 19, 1990 on the gift on February 4, 1984 with respect to each share of the remaining co-owners, other than F, out of the land of this case, and F became a sole owner of the land of this case.

C. H completed the registration of ownership transfer based on sale on July 1, 1991 with respect to the instant land on August 31, 1991, and the Plaintiff completed the registration of ownership transfer based on sale on November 25, 2002 with respect to the said land on November 25, 2002.

F, the former owner of the instant land, and H’s spouse of the former owner of the instant land, are in the sixth degree of relationship, and H is the Plaintiff.

E. Meanwhile, around January 1936, J newly constructed 30.66 square meters and 25.5 square meters on the instant land on the instant land, and died on January 24, 1983.

F. On March 5, 199, Defendant B reported the move-in of resident registration with the parcel number of the instant land, and on May 10, 2005, Defendant B transferred to K on the said date.

On July 4, 2006, the general building management ledger related to each house described in the port stated as the removal of each house by implementing the apartment house maintenance project on July 4, 2006

G. However, on October 13, 2010, Defendant C determined and purchased “Slet Han-style kitchen 1, and one square-story 1,000,000” on the instant land from Defendant B at KRW 11,00,00, and around that time.

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