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(영문) 대전지방법원 홍성지원 2018.03.27 2016가단8596
토지인도
Text

1. The Defendants each indicated in the separate sheet No. 5, 6, 13 through 32, and 5, among forest E 14,448§³ in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the Plaintiff.

Reasons

1. Basic facts

A. Defendant B is the wife of the deceased F (the deceased on September 24, 2009, hereinafter “the deceased”). Defendant C and D are the deceased’s children, and the Plaintiff is the wife of G, a shape of the deceased.

B. On January 20, 1971, G completed the registration of ownership transfer on the ground of “The inheritance of Australia, 12 July 12, 1949,” with respect to the 6 table of 2nd 3rd parts of the forest E in the Chungcheongnam-nam Budget Group (hereinafter “E land before division”).

C. On August 8, 1980, in the land E before subdivision, the 9-H Forest land was divided into the land of Chungcheongnam-gun, Chungcheongnam-gun, and the said H land was converted into the area of 866 square meters on the same day on the grounds of the completion of reclamation on August 8, 1980.

(hereinafter “I land before division”). After the division, the instant land became the land through the registration of conversion into the area, the division, and the change in the area of the E land before the division.

G completed the registration of ownership transfer in the Plaintiff’s future on the grounds of the Daejeon District Court’s Budget Office of Budget on July 4, 2013 as the receipt No. 14297, “B” as of July 2, 2013.

E. At the time of the reclamation of land E before the division, the Deceased constructed a tobacco mentor and sap mentor and apap 24 square meters house on the above I’s land before the division (hereinafter “the instant house”) and an affiliated warehouse (hereinafter “the instant warehouse”). On December 15, 1980, the Deceased obtained approval for the use of the instant house on December 15, 1980. Of part of the instant land, part of the instant building was each connected with each of the items indicated in the annexed drawing Nos. 1 through 14, and 15 through 18, and 15 in sequence among the instant warehouse and the instant warehouse.

Accordingly, the Plaintiff filed a lawsuit against the Defendants on this Court’s 2014Gadan11963, seeking the removal of each part of the above (i) building and each part of the above (ii) building with 118 square meters wide and 6 square meters wide and each part of the said land. However, the said court filed a lawsuit against the Defendants on November 4, 2015.

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