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(영문) 대구지방법원 2015.04.30 2014나13424
시설물 철거 및 토지인도
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. G on July 18, 1997, G is limited to “AR” the size of 16,257 square meters prior to the date of racing on July 18, 1997.

(2) After F, 16,257 square meters prior to F were divided and merged as indicated in the following table.

(B) On May 19, 2003, the number of each land indicated in the table is omitted. On August 19, 2003, the merger on July 7, 2003, which took place on August 6, 2003, 6,000 square meters prior to the 6,512 square meters of 2,482 square meters prior to the 366 square meters of 2,482 square meters prior to the 366 square meters of 2,216 square meters of 2,216 square meters prior to the 343 square meters of 2,251 square meters of 2,251 square meters of 2,257,257 square meters of 349 square meters of 2,365 square meters of 2,465 square meters prior to the 205 square meters of 343 square meters of m2,3605 square meters prior to the 205.

B. Defendant C’s land acquisition and new construction of a house: (i) purchased from G on May 15, 2003 the 4,016 square meters prior to G in the name of Defendant C, the wife of Defendant C; and (ii) completed the registration of ownership transfer in the name of S on May 19, 2003; and (ii) thereafter, the 4,016 square meters prior to I was divided and merged as listed below.

(B) On December 13, 2004, the following facts are as follows: (a) on January 13, 2004, the merger on April 13, 2004, the merger on January 30, 2005, Defendant C1 (hereinafter “Defendant C1”) prior to the first 4,109 square meters of 683 square meters prior to the first 4,109 square meters of 683 square meters prior to the first 4,109 square meters of 4,109 square meters (the land category is changed to a site on March 22, 2005) 3,114 square meters prior to the first 3,114 square meters of 53 square meters prior to the first 3,114 square meters of V prior to the second 3,112 square meters of 312 square meters of 3,153 square meters prior to the merger on April 13, 2005.

(C) On March 22, 2005, Defendant B newly built a house and completed the registration of ownership preservation in the name of S. C. The Defendant B purchased from G on August 22, 2003 the P 1,436 square meters in the name of the wife of Defendant B, and completed the registration of ownership transfer in the name of Z on August 25, 2003.

2) Before P on April 13, 2004, the land category of P was changed to a site on July 27, 2004.

(3) The Defendant was divided into a 661 square meter and a AA 775 square meter.

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