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(영문) 창원지방법원진주지원 2017.07.13 2016가단871
건물등철거
Text

1. The Defendant (Counterclaim Plaintiff) indicated the attached Table 1 No. 30, 39, 40.40.

Reasons

1. Facts of recognition;

A. A. Around 2002, F owned D 254 square meters, C 634 square meters, G 506 square meters, H 53 square meters, G 140 square meters, and E preceding 714 square meters.

B. The F completed the registration of ownership preservation on the above D, C, and G ground buildings on December 26, 2002, and the Plaintiff completed the registration of ownership transfer on February 5, 2003.

(hereinafter “Plaintiff-owned building”). (c)

F The above land owned by F (hereinafter referred to as the “land number”) was transferred as follows:

① On February 5, 2003, the Plaintiff completed the registration of ownership transfer on D and C’s land.

② On April 1, 2010, the Defendant completed the registration of ownership transfer on G land through J (Acquisition on May 23, 2003) and K (Acquisition on February 2, 2006).

③ He/she completed the registration of ownership transfer on September 16, 2010 through L (Acquisition on January 14, 2003 or November 16, 2006) for H land, I land, and E land.

J completed the registration of ownership transfer on May 7, 2003, G, D, and C ground buildings, and completed the registration of ownership transfer on April 1, 2010 through K (Acquisition on February 2, 2006).

(hereinafter “Defendant-owned building”). C.

Part of the building owned by the Defendant is constructed on the ground of 22 square meters in order to connect each point in attached Table 30, 39, 40, 41, and 30 among the land owned by the Plaintiff, among the land owned by the Plaintiff, on the ground of 47, 48, 49, 50, and 47, the same appraisal among the land owned by the Plaintiff is located on the ground of 1 square meters in the ship connecting each point in attached Table 1, 39, 40, 41, and 47.

Plaintiff

Part of the building owned by the defendant is constructed on the ground of one square meter in the attached Form 2 marks 1, 2, 3, and 1 among the land owned by the defendant.

[Ground of recognition] Facts without dispute, Gap 1-3, 6, 7 evidence (including Serial number; hereinafter the same shall apply), Eul evidence, Eul evidence, each commission of appraisal, fact-finding, the whole purport of the pleadings

2. The judgment of the Defendant on the main claim is owned by the Defendant, which was constructed on the ground of part C among the land C, seeking the exclusion of disturbance as the owner of the land C and D.

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