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(영문) 대전지방법원서산지원 2016.09.09 2015가단54648
제3자이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s acquisition of the ownership of each real estate listed in the separate sheet No. 1 (hereinafter “instant land”) completed the registration of ownership transfer on November 3, 199 with respect to B forest No. 2,149 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do. After that, the said land was divided into 1,489 square meters in B forest No. 1,489 and C forest No. 660 square meters in November 30, 200, and the said land C was converted to the land category on October 5, 201, and became the land listed in paragraph (1) of the separate sheet No. 1 (hereinafter “instant land”).

② In addition, on October 5, 200, the Plaintiff started construction on the forest land B prior to the said subdivision, and completed registration of initial ownership on February 21, 2001 under its name, after obtaining approval for use on November 30, 200 with respect to the existing building of this case.

B. Installation of each of the items listed in the separate sheet No. 2 (hereinafter “instant items”) (hereinafter “the parts indicated as “5.5” among the drawings of the first floor of the existing building in question) is to be removed and connected to one another by the removal of the North wall (the part indicated as “5.5” among the drawings of the first floor of the previous building in question) at the time of the date.

)을 증축하였다. ② 또한, 원고는 일자불상경 이 사건 기존 건물에 별지 제2목록 제3 내지 5항 기재 현관(위 1층 도면 중 ㉢ 부분) 및 각 데크(위 1층 도면 중 ㉣ 부분 위 도면상으로는 ㉣ 부분 데크가 1층에 존재하는 것으로 표시되어 있으나, 위 ㉣ 부분 데크도 ㉤ 부분 데크와 함께 실제로는 이 사건 기존건물의 2층과 연결되어 있다

(A) Of the first floor of the existing building of this case, the part indicated with the length of 4.2m and 1.4m is the first floor, which is recorded in the building ledger of the existing building of this case, and this part of the second floor is the part recorded in the building ledger of the existing building of this case). The upper floor drawing of this case refers to the part referring to the value of the building ledger of the existing building of this case, and Paragraph (2) of the same list

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