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(영문) 대전지방법원논산지원 2016.06.02 2015가단2730
가건물철거및 토지인도
Text

1. The defendant shall be the plaintiff.

A. Of the 70,855 square meters of C forest land in Chungcheongnam-gun, Chungcheongnam-gun, the number of points indicated in the annexed drawings 1-6, and 1 are in order.

Reasons

Basic Facts

A. On September 10, 1917, D was subject to the assessment of 70,855 square meters of C forest land in Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant forest”).

D was killed in around 1951, and E, one of them, succeeded to the forest land of this case.

E died on March 23, 1981.

E completed on June 9, 1981 registration of initial ownership relating to the forest of this case.

(F) On January 27, 1988, F, the South-North of E, completed the registration of ownership transfer based on inheritance by consultation and division on March 23, 1981 with respect to the forest land of this case.

On January 6, 2001, F sold the forest of this case to the Plaintiff, one’s own her mother, and on February 3, 2001, the Plaintiff completed the registration of ownership transfer with respect to the forest of this case.

B. The defendant is a person between network E and private village.

In 1978, the Defendant constructed a house on the ground (B) part (27m2) which connects each point of 7-10, 7 of the annexed drawings among the forest land of this case in the order of 1978.

(hereinafter referred to as “second house of this case”)

On the other hand, among the forest land of this case, a wooden house was located in the vicinity of 76 square meters in the part (A) and (76 square meters in order to connect each point of the attached drawing indication 1 to 6 and 1 among the forest land of this case (However, the exact location and size of the site are not the same as that of the present), and the defendant completely removed the existing house on September 2007 and newly constructed a prefabricated house on the ground of 76 square meters in the above part (a).

(hereinafter “One House of this case”). [Ground for Recognition] does not dispute the following facts: Gap evidence 1-2, Gap evidence 1-2, Gap evidence 2, 5 through 7, Gap evidence 1-2, Gap evidence 8-8, Gap evidence 9, Gap evidence 10-1, 2, Gap evidence 14, 27 through 29, Gap evidence 39-1 through 3, Eul evidence 39-3, the result of the measurement and appraisal entrustment to the head of the Korea Land Information Corporation of this court, and the court's branch office granting the Korea National Land Information Corporation of this case, the defendant occupies each land by owning the 1 and 2 houses of this case, and the defendant is the owner of the forest of this case.

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