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1. The defendant shall be 5.2 square meters away from the plaintiff of Yeonsu-gu Incheon Metropolitan City from an unauthorized building of cement block.
Reasons
1. Basic facts
A. The “instant site” owned by the Republic of Korea, but D acquired shares 114.6/4 of the instant site on November 18, 2015.
B. There are two unauthorized buildings on the instant site, and the first unauthorized building (the date of construction completion, January 1, 1986; 5.2 square meters) was acquired on August 5, 2010 by the Plaintiff, and the second unauthorized building (the date of construction completion, January 1, 198; 59.5 square meters) was registered as D on February 28, 198.
In addition, the area of land for the building without permission shall be 227.8 square meters for the building with no permission and 114.6 square meters for the building with no permission.
[Ground of recognition] Each entry of Gap evidence Nos. 1 and 9
2. As to the claim for the transfer registration of ownership
A. 1) The Plaintiff’s assertion 1) The Plaintiff is an unauthorized building of cement block C in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, 5.2 square meters (hereinafter “instant unauthorized building”).
(2) On September 14, 2012, the Plaintiff and the Defendant changed the name in the name of the owner of an unauthorized building management ledger, and the Defendant drafted a real estate sales contract by transferring the name of the owner of the instant unauthorized building to the Defendant, and the Defendant is obligated to take over the procedure for the registration of transfer of the owner on the unauthorized building management ledger on the ground of the transfer agreement on September 14, 2012 with respect to the instant unauthorized building. 2) Accordingly, on September 14, 2012, the Defendant prepared a real estate sales contract to purchase at KRW 70,00,000 from the Defendant to 86,00,000 on the instant site, and tried to change the name on the unauthorized Building management ledger, but the Defendant failed to change the owner’s name on the ground of the change in the area and notified the Plaintiff of the cancellation of the agreement on September 14, 2012.