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(영문) 수원지방법원 평택지원 2018.10.26 2018가단50916
건물등철거
Text

1. The defendant,

A. The attached sheet No. 13, 13, and 13, among the land size 1,785 square meters in Pyeongtaek-si C Forest land to the Plaintiff Bupyeong-si Development Corporation.

Reasons

1. Facts of recognition;

A. The ownership change process of Pyeongtaek-si C forest land 1,785 square meters and its surrounding land (1) is about KRW 1,785 square meters (hereinafter “C forest land”) and KRW 334 square meters (hereinafter “D land”) prior to D, and KRW 962 square meters (hereinafter “E land”) are neighboring land, and both networkF (the father of the Defendant) acquired ownership after completing the registration of ownership transfer on March 194. The current status is as shown in the separate forestry map and the certified copy of the cadastral map.

(2) Thereafter, around 1981, the deceased F sold C forest and D land to G and completed the registration of ownership transfer on or around June 30, 1981. ② G sold each of the above land to Nonparty H on or around September 9, 1987, and completed the registration of ownership transfer on or around October 28, 1987. ③ H sold the above land to Plaintiff Bupyeong Development Co., Ltd, and ② sold the land to the Plaintiff, and ③ H completed the registration of ownership transfer on or around November 27, 2017.

(3) Meanwhile, after the death of the net F, land E has completed the registration of ownership transfer on or before July 6, 1981 on the ground of the consultation division as of June 3, 1981 and has ownership until now including the portion of the building on the ground.

B. The Defendant’s construction, current possession, and utilization status (1) of the building on the land of J, E, and the Defendant’s set up at around 1977, with the consent of C Forest, E land, D land, and network F, which was the owner of J land, newly built a house on the neighboring land including land E, and thereafter occupied and used it from that time. After the Defendant’s death, the Defendant inherited the above house and occupied, used it until now, and paid rent to the networkF and I.

(2) On the other hand, the housing and appurtenances owned by the Defendant are part of the fence and the housing portion, which are indicated in the separate sheet No. 13, 51, 52, 53, 12, and 13 in the attached sheet No. 13, 51, 52, 53, 12, and 13 in the order of each point, and are located in part of the fence and the housing portion connected with the said point, and are indicated in the attached sheet No. 57, 56, 55, 54, 34, 59, 59.

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