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(영문) 대구지방법원 김천지원 2021.01.21 2020가단33496
건물등철거
Text

1. The defendant shall be the plaintiff.

A. In the ship, an indication of the attached Form 2 drawing out of 540 square meters of land on the part of the attached Form 1 (A) shall be made in the ship.

Reasons

1. Facts recognized;

A. The Plaintiff’s status and land ownership relationship 1) The Plaintiff is also called a clan consisting of adult descendants after the adult grouping D as a joint group, and the name of “B”.

The rules of the plaintiff stipulate the plaintiff's office as B office located in the Gu, Si, Si, Gu.

2) The Plaintiff was granted a registration number for real estate registration from the old and American market pursuant to Article 49 of the Registration of Real Estate Act. The registered name is “B”.

3) On January 12, 1981, the Plaintiff completed the registration for the preservation of ownership with the name of “B”, which is the name of “B”, and with respect to the area of 1,793 square meters in Gumi-si.

The previous G 1,554 square meters (hereinafter “instant land”) is currently owned by the Plaintiff, in the Gu-U.S.-si divided from F land in the Gu-si, the Gu-si.

B. The current status of the instant building on the instant land and its ownership relationship 1) Nonparty H (I) was not divided from the Plaintiff’s land at the time of construction of a new building on part of the instant land in the old and previous city F from the Plaintiff, at the time of the construction of the instant building.

After renting B, 37.69 square meters of soil and roof single-story housing, and 14.88 square meters of soil and roof single-story housing (hereinafter collectively referred to as “the instant building”) were newly constructed on the same day, and the registration for the preservation of ownership was completed on November 18, 2002.

2) On November 18, 2002, on which the registration of ownership preservation was completed, Defendant (J) completed the registration of ownership transfer on the instant building on November 15, 2002 on the ground of donation on November 18, 2002. The Plaintiff and the said building site and the land (part of the instant land) with a total size of 540 square meters, which falls under the main part thereof, concluded a land lease agreement verbally.

The location of the part of the land leased by the Defendant from the Plaintiff is indicated in the annexed Form 1.

3) Since then, among the instant buildings, the parts of the above soil tank and roof single-story housing were removed, and the specific status of the instant building at present is as indicated in the attached Table 3 and the images of the attached Form 4.

In addition, the leased land of which total area is 540 square meters is 540 square meters.

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