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(영문) 수원지방법원 2016.08.11 2016가단628
건물철거 및 토지인도
Text

1. Defendant (Counterclaim Plaintiff) B: (a) indicated in the attached Form No. 5, 7, 8, 9.9, among the size of 186 square meters in Suwon-gu, Suwon-gu, Suwon-si; (b) the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is the owner of the land above which completed the registration of ownership transfer with respect to D land and E land on March 20, 201.

B. On October 8, 1982, F completed the registration of ownership transfer for 1/2 shares of G land (hereinafter “G land”) and above-ground buildings (hereinafter “instant building”) in Suwon-si, Suwon-si, and F purchased shares from co-owners and completed the registration of ownership transfer for the entire land and buildings on July 27, 1983.

C. Defendant C completed the registration of ownership transfer concerning G land and building of this case on June 4, 2007, and Defendant B completed the registration of ownership transfer concerning the building of this case on August 28, 2014.

Among the buildings of this case, D flooded buildings invaded the land of this case.

[Reasons for Recognition] Facts without dispute, Gap evidence 3-1, Eul evidence 1-2, Eul evidence 1-2, Eul evidence 1-2, the result of this court's request for surveying and appraisal of the Korea Land Information Corporation, the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff’s assertion that the instant building infringed on D’s part of the instant building, the Defendants are obligated to remove the said sunken building to the Plaintiff and deliver the relevant site.

B. After acquiring the ownership of G land and the building of this case on July 27, 1983, the Defendants’ assertionF continued to possess possession with the intent of possession on July 27, 2003, the prescriptive prescription on the part of the instant building, which was completed with respect to the crime of aggression and E, with respect to the part of the instant building.

The Plaintiff is obligated to complete the registration of transfer of ownership with respect to the above part of the crime by reason of the completion of the prescriptive prescription with F. Since F’s address and resident registration number cannot be known, the Plaintiff should complete the registration of transfer of ownership directly with the Defendants.

In addition, when the F sells the land G and the building of this case to Defendant C, it is intended to transfer the right to claim ownership transfer registration on the ground of the completion of the prescriptive acquisition for the part of the crime and the part of the crime E.

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