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(영문) 의정부지방법원 2016.07.21 2015나10845
토지인도 등
Text

1. Of the judgment of the court of first instance, the part ordering the removal and delivery among the judgment of the court of first instance and the part concerning the Defendant-Counterclaim Plaintiff is 410.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Presumed facts

A. On November 8, 1986, the Plaintiff, such as the status of the party and the ownership of land, completed the registration of ownership transfer with respect to the Gyeonggi-gun, Gyeonggi-do, 116 square meters.

On May 30, 2011, the said C land was divided into 9 square meters and 17 square meters in H.

(hereinafter referred to as “Plaintiff’s land”). On November 25, 1992, the Defendant completed the registration of ownership transfer with respect to the land of which the said C is 235 square meters in Gyeonggi-gun, Gyeonggi-do.

The land above D was divided into D, D, 134 square meters on December 2, 1995, I and J land.

(hereinafter referred to as “Defendant’s land”). B.

On November 8, 1986, the Plaintiff acquired the ownership of 17.6 square meters of a wooden cement machine and a branch roof house in the land above C (hereinafter “Plaintiff’s side house”) prior to the subdivision, but transferred the ownership of the Plaintiff’s house to K on March 2, 1989.

On March 18, 1993, after completing the registration of ownership transfer with respect to the above D land before subdivision, the Defendant also acquired the ownership of cement season and 46.2 square meters of a single-story house on the above ground ground (hereinafter “the instant Gu building”).

After the Defendant’s husband E removed the previous building of this case around September 1994, the Defendant’s husband E newly constructed a reinforced concrete building of 115.63m2 on the 142.07m3m2 of the land pre-divisiond before partition (hereinafter “the building of this case before extension”). The Defendant’s husband completed the registration of ownership preservation on the building of this case around December 27, 1994.

E obtained permission from the competent authority on August 14, 1995 for the extension of the said new building to the second floor building, and obtained approval for the use of the said building from November 6, 1995.

Since then, the ownership of the building of this case was transferred to L by compulsory auction on or around May 6, 2010, according to the decision of recommending reconciliation around March 20, 2013 (the District Court 201Na3207).

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