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(영문) 대전지방법원 2021.01.21 2020가단112086
건물등철거
Text

1. For the plaintiffs:

A. Defendant C indicated in the attached sheet No. 1,2,3,4,44,5,6,7, and 1 among the 16,435 square meters of forest E in Jung-gu, Daejeon.

Reasons

1. Basic facts

A. Plaintiff A’s clan (hereinafter “Plaintiff clan”) completed the registration of ownership transfer under the receipt No. 66388 on July 1, 1996 by the Daejeon District Court, Daejeon District Court, Daejeon District Court’s registration office, which received on July 1, 1996, with respect to the portion of 5,793/21,361 out of the instant forest, as to the portion of 5,793/21, and 5784, which was received on January 29, 2015.

B. In around 1953, the deceased F newly built a house (hereinafter “the instant building site”) on the ground of 127 square meters in Jung-gu Daejeon, Daejeon (hereinafter “1 site”). A part of it is located above the boundary and is on the ground of 52 square meters in part of 1’s “1” on board as indicated in the Disposition A (hereinafter “the instant building site”).

(c)

He, the spouse of the deceased F, completed the registration of ownership preservation on May 4, 1996 by the Daejeon District Court Registry No. 44583, the Daejeon District Court, Daejeon District Court, Daejeon District Court, the registration of ownership transfer on the building No. 1 of this case, and Defendant C, the deceased of H, as to the building No. 1 of this case, completed the registration of ownership transfer on March 6, 2002 by the Daejeon District Court, Daejeon District Court, Daejeon District Court, No. 14496.

(d)

In around 1955, GI newly built a house (hereinafter “instant building No. 2”) on the ground (hereinafter “the instant building site”) in Jung-gu, Daejeon Special Metropolitan City, J-gu, Daejeon Special Metropolitan City (hereinafter “the instant building site”). In most cases, the instant building is located on the ground outside the boundary of 1-B, and is located on the ground of 54 square meters in part of “bb” in the text No. 1-B (hereinafter “the instant building site”).

E. The building No. 2 of this case is owned by the deceased I, the deceased K, or the defendant D, who is his/her father, and is his/her father, and Defendant D currently occupies and uses the building.

[Reasons for Recognition] A without dispute, Gap evidence (including branch numbers; hereinafter the same shall apply), Eul evidence of 2 to 4, Eul evidence of 1 to 6, Eul evidence of 1 to 8, Eul evidence of 8, the result of a commission of appraisal to the Daejeon Vice Governor of the Korea Land Information Corporation, the purport of the whole pleadings.

2. Determination as to the defense prior to the merits

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