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(영문) 대구지방법원상주지원 2017.09.13 2017가단5210
건물등철거
Text

1. The defendant shall be the plaintiff.

A. Of 293m2, the number of points indicated in the attached Form No. 24, 25, 26, 27, and 24 shall be in order.

Reasons

1. Basic facts

A. The registration of ownership transfer was completed on February 11, 2009 in the name of the Plaintiff on the 13th day of the same month due to the donation, which was registered in the name of E in the 293㎡ (hereinafter “instant land”).

B. Of the instant land, the Defendant owned a brick brick structure and a branch roof structure on the ground of 97 square meters in order to connect each point of 24,25, 26, 27, and 24, among the instant land, and each point of 12, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 12, among the instant land, connected each point of 56 square meters in order to connect each point of 1,2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 12, 43 (hereinafter “the instant building”).

C. The instant building is unregistered.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including the number of branch offices; hereinafter the same shall apply)

2. Determination

A. As the judgment on the cause of the claim occupies the part occupied by the Defendant while owning the instant building constructed on the instant land owned by the Plaintiff, the Defendant is obligated to remove the instant building and deliver the part occupied by the Defendant to the Plaintiff.

B. The Defendant asserted 1) around 1971, the Defendant leased the instant land from F and E, who had exercised ownership at the time of construction of the instant building. Since the Plaintiff, who received the donation of the instant land from E, succeeded to the lessor’s status, the Defendant filed a claim for renewal of the lease agreement with the Plaintiff, and the Plaintiff filed a claim for purchase of the instant building where the Plaintiff did not comply with the claim. (2) The written statement of the evidence Nos. 1 and 2, which, in turn, the Defendant and the Plaintiff are F and I.

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