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(영문) 의정부지방법원 2017.03.31 2016나58646
건물철거 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3.Paragraph 1 of the text of the judgment of the court of first instance shall be subject.

Reasons

1. Facts of recognition;

A. On December 22, 1972, G purchased a F-248 square meters (hereinafter “instant land”) from Soyang-gu, Soyang-gu, Soyang-gu, Seoul, and completed the registration of ownership transfer with respect to the instant land on January 22, 1973. The Plaintiff D and GH completed the registration of ownership transfer with respect to each of the instant land 1/2 shares on February 6, 2001 on the ground of donation on February 2, 2001.

B. Plaintiff D’s spouse, Plaintiff A, B, and C are children of the deceased H. The deceased on November 26, 2007, and the deceased on November 26, 2007, Plaintiff D inherited 3/18 shares of the instant land, and Plaintiff A, B, and C inherited 2/18 shares of each of the instant land.

C. Meanwhile, around July 25, 1990, the network I purchased a building existing on the ground of the instant land. However, around July 25, 1990, the building on the ground of the instant land was registered on the building ledger by specifying it as “47.01 square meters,” and completed registration of preservation of ownership.

On the ground of this case, (A) section of the building (A) which connects each point of the attached Table 1, 2, 3, 4, and 11, 14, 16, 16, 12, and 11, 17, 18, 20, 20, 21, 22, 22, 22, 24, 25, 26, 27, and 17, the part of the building (B) which connects each point of the items of (a) section of the building on the ground of this case, (b) section of the building (B), 36 square meters of the building, and section 11, 13, 14, 15, 16, 17, 17, 19, 20, 21, 22, 24, 25, 26, 27, and 17.

E. On June 3, 2011, J purchased each of the instant buildings, completed the registration of ownership transfer on July 6, 201 with respect to the said registered buildings, and the Defendant purchased each of the instant buildings on or around March 26, 2015 and completed the registration of ownership transfer with respect to the said registered buildings on or around April 28, 2015.

F. The Defendant’s ownership or right to dispose of each of the buildings of this case by law or by law.

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