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(영문) 청주지방법원충주지원 2016.02.17 2014가단7943
건물철거 및 토지인도 등
Text

1. The plaintiff (Counterclaim defendant, the designated party) and the designated party (Counterclaim defendant) shall set up against the defendant (Counterclaim plaintiff) for C in the impulse.

Reasons

1. Fact-finding;

A. On February 26, 1968, Korea (the Ministry of Information and Communication) intended to construct the instant building on the ground of 992 square meters (hereinafter “land adjacent to the instant land”) of Chungcheong-si D road D to be used as an electrical transmission station, Chungcheongnam-si. However, on the ground of mistake, the instant building was newly constructed on the instant land.

(B) The location of the building of this case on the building ledger and on the registry shall be described as adjacent land.

On December 21, 1970, the Republic of Korea completed the registration of ownership transfer with respect to adjacent land, and the Korea Telecommunication Corporation completed the registration of ownership transfer with respect to adjacent land and building of this case due to investment in kind on December 29, 1983.

E completed the registration of ownership transfer on March 14, 198 with respect to adjoining land and building of this case due to sale.

F (the mother of the Defendant) completed the registration of ownership transfer on April 8, 198 with respect to adjoining land and building of this case due to sale.

C. G (hereinafter “J”) completed registration of ownership preservation on the instant land on April 13, 1994.

The defendant completed the registration of ownership transfer on the adjoining land on December 28, 1996, and on February 9, 1998 as to the building of this case on each donation basis.

On January 14, 2014, the Plaintiff and the designated parties completed the registration of ownership transfer for each third of the instant land based on sale.

[Ground of recognition] Facts without dispute; Gap's statements or images of Gap's 1 through 3, 6 through 8, Eul's 1 through 4 (including branch numbers; hereinafter the same shall apply); the result of a request for the measurement and appraisal of the loyalty branch office of the Korea Land Information Corporation; the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The gist of the Plaintiff’s assertion is that the Defendant, as the owner of the instant building, occupies without title the instant land owned by the Plaintiff and the designated parties, who are the owner of the instant building, and thus, removes the instant building and deliver the instant land to the Plaintiff and the designated parties.

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