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(영문) 창원지방법원거창지원 2019.05.28 2017가단11327
건물등철거
Text

1. The defendant shall also indicate 2, 3, 5, 6, 7, 8, 9, 10, 11 and 2, 3, 5, 7, 8, 8, 9, 10, 11, 3, 28, 28, 200 square meters

Reasons

1. Basic facts

A. Before the division, G was originally owned by Nonparty E. The father of the Plaintiff’s father F completed the registration of ownership transfer on the said land on December 14, 1964 due to the sale on April 7, 1950.

B. After that, Cand 286 square meters (hereinafter “instant land”) were divided into the above land, and F was donated to G, a vegetator, on February 25, 2008, with respect to the instant land. The following year:

3. 4. The registration of ownership transfer was completed on the ground of this, and the Plaintiff received a donation of the said land on September 4, 2017 and completed the registration of ownership transfer on the same day.

C. Meanwhile, the Defendant’s husband (Death on March 1, 2002) newly constructed on the land in this case a wooden mix 105.78 square meters and a wooden mix 33.06 square meters on the instant land, and completed the registration of ownership preservation on the building in its name on November 19, 1985. Since H died on March 1, 2002, the Defendant completed the registration of ownership transfer on the said building on the ground of inheritance by consultation division on November 11, 2008.

At present, the Defendant currently occupies the relevant land by owning 46 square meters of the section (b) building on the instant land, 57 square meters of cement (ences) building and 46 square meters of the appraisal map on the portion (A) indicated in attached Table 1.

hereinafter referred to as "the building of this case" is collectively named the above building.

(i) [In the absence of a dispute over the basis of recognition, entry of Gap 1, 3, 4, 5 and Eul 1, 2, and 3, and the result of the commission of each cadastral surveying appraisal to the Korea Land Information Corporation's branch in this Court, the purport of the whole pleadings;

2. The parties' assertion

A. The gist of the Plaintiff’s cause of the claim (the Plaintiff’s husband of February 6, 1995) entered into a lease agreement between the Defendant’s husband and the deceased H to receive rice 1.5 Gama each year. After that, G, who received the above land, determined that the above land would be paid the monthly rent from February 27, 2008 to 120 km each year between the Defendant and the Defendant.

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