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(영문) 대전지방법원서산지원 2017.06.13 2016가단54331
건물등철거
Text

1. The Plaintiff:

A. Defendant C and D shall indicate the attached appraisal map of 1,587 square meters of forest E-Gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do. 1 through 13.

Reasons

1. Facts of recognition;

A. F divided the E Forest land into six - a group of six - a group of E forest land in the 2nd six - 6 - 6 - - 6 ---------------------------

F on August 16, 1972, the F completed the registration of ownership transfer on the ground of sale on August 1, 1972 with respect to the Plaintiff, Chungcheongnam-gun G, Chungcheongnam-gun, Chungcheongnam-do after division.

B. On August 16, 1972, F completed the registration of transfer of ownership on the ground of sale on August 1, 1972, 1972 with respect to the 6 Y, I, and J (hereinafter referred to as “the above 3 persons”) of the forest E, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and the said divided 1,587 square meters of forest E, Chungcheongnam-gun, Chungcheongnam-do, and the area was changed and converted; hereinafter referred to as “instant land”).

On August 26, 1981, the Plaintiff completed the registration of ownership transfer for reasons of sale on May 8, 1973 by the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Law No. 3094, Dec. 31, 197) which was in force at the time with respect to the instant land.

C. The J filed a lawsuit against the Plaintiff for the cancellation of the ownership transfer registration in the name of the Plaintiff regarding the instant land (this Court 2013da7563), but was sentenced to a judgment dismissing the claim by this Court on August 12, 2014. As the appeal by the J dismissed on December 19, 2014 (Seoul District Court 2014Na104962), the said judgment became final and conclusive as it is.

Order No. 1-A on the ground of the instant land.

The church buildings in the port were extended in the 1990s, and the church houses and their affiliated buildings (hereinafter referred to as the above church buildings, company houses and their affiliated buildings were newly built in the 1990s.

All of the instant buildings are unregistered buildings without permission.

E. Defendant C and D currently occupy the instant building.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 14, Eul evidence 1, Eul evidence 5, Eul evidence 6, the purport of the whole pleadings

2. The parties' assertion

A. Summary of the Plaintiff’s assertion 1.

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