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(영문) 대전지방법원천안지원 2019.08.22 2018가단8527
토지인도 및 건물철거,지료 등
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. The building outlined in attached Form 1, 2, 3, 4, 5, among the buildings of 268 square meters in Asan-si, Asan-si.

Reasons

A principal lawsuit and counterclaim shall also be deemed to have been filed.

1. Basic facts

A. On October 29, 1968, the father D (the father’s death on April 19, 2001) of the Defendant (Counterclaim Plaintiff; Defendant hereinafter the same) completed the registration of initial ownership in relation to the E-ground wooden high-rise house 20 square meters (hereinafter “registration building of this case”). On July 11, 2012, the instant building was partitioned from the above E’s land, and the registration of this case was actually located on the ground of the instant land.

B. Since the Daejeon District Court’s Masan-si 1,826 square meters and above ground Hho Lake-si, G owned by G, and 24 square meters of the house and the land of this case. Voluntary auction was commenced on the instant land.

(The registered building of this case is excluded from the object of auction).

Unlike the structure, size, etc. on the registry of the instant registered building, the instant land-based building inspected in the auction procedure conducted in the above voluntary auction procedure is a warehouse of 24.4 square meters (hereinafter “instant warehouse”) located in the same map as indicated in 9, 10, 11, 12, 13, 14, and 9 on the ground block section, 86.4 square meters of the portion of the instant land, which was located within the scope of the scope of the section 1, 2, 3, 4, 5, 6, 7, 8, 9, 14, 15, 16, 17, and 17, among the instant land, and connected each point of the section 1, 2, 4, 6, 14, 14, and 9 on the ground of the instant land.

On May 28, 2015, the Plaintiff (Counterclaim Defendant, Plaintiff hereinafter) acquired the ownership of the instant land at a voluntary auction for the support fund of the Daejeon District Court of Daejeon on May 28, 2015.

E. On August 20, 2015, the Plaintiff obtained a certificate of non-existence of the building concerning the instant registered building from the Asan market and applied for the registration of destruction of the instant registered building by subrogationing network D to the Asan registry office on December 1, 2015. The registry of the instant registered building was closed.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, 3, Eul evidence 1-3, 9, and 9.

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