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(영문) 의정부지방법원 2017.04.04 2016가단114255
건물철거등
Text

1. Of the land size of 672 square meters in Guri-si, the Defendant has each point in the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, 9, and 1.

Reasons

1. Facts of recognition;

A. On April 6, 1989, the Plaintiff completed the registration of ownership transfer with respect to D forest 694 square meters in his name on the ground of donation made on April 4, 1989. The Plaintiff completed the registration of ownership transfer with respect to D forest 694 square meters in Guri-si on December 14, 1994, which was registered as C forest 694 square meters in Guri-si on December 14, 1994. The registration was divided into 22 square meters in Guri-si on the same day, thereby becoming 672 square meters in Guri-si (hereinafter “instant land”).

B. On June 3, 1996, the Defendant completed the registration of transfer of ownership in his name on the ground of sale and purchase on May 1, 1996, with respect to the mentment block No. D Nos. 1, 1, 3, 5,00 square meters of multi-story housing (hereinafter “instant housing”).

In addition, according to the ordinary building ledger of the instant house, the approval date of use of the instant house is 1972.

C. The instant housing is located in the area of 20 square meters in a ship, which connects each point of the attached Table 1, 2, 3, 4, 5, 6, 7, 8, 9, and 1 among the instant land in sequence and connects each point of the attached Table 1, 2, 3, 4, 5, 6, 7, 8, 9, and 138 meters in the part of the instant land (hereinafter “instant site”) and in the Guri-si E-si, the attached appraisal of which is indicated 5, 10,11, 12, 13, 14, 15, 7, 6, and 5.

[Ground of recognition] A without dispute, Gap evidence Nos. 1, 2, 6 through 8, Eul evidence Nos. 1 and images, the result of this court’s request for surveying and appraisal of the remaining-gu mileage of the Korea Land Information Corporation, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to remove the instant housing portion on the ground of the instant land portion to the plaintiff, the owner of the instant land, and deliver the instant land portion to the plaintiff, except in extenuating circumstances.

3. Judgment on the defendant's assertion

A. At the time of September 1970, the Defendant’s summary of the argument, F newly built the instant house with the Defendant’s consent to use the instant land from the Plaintiff’s Chobu G, the owner of the instant land. On June 3, 1996, the Defendant transferred the ownership of the instant house to the Defendant. The Defendant directly or through H or I’s representative.

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