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(영문) 수원지방법원성남지원 2017.09.15 2016가단224830
건물
Text

1. Defendant B:

A. Of the 2,281 square meters of forest E in Gwangju City, the attached appraisal map No. 2,3,4,5,6,10,11,12,13,14, among the 2,281 square meters of forest E in Gwangju City.

Reasons

Basic Facts

- On June 10, 1982 with respect to E-2,281 square meters of forest land in Gwangju-si (hereinafter “Plaintiff’s land”), the registration of ownership transfer was completed in the name of F, which is the Plaintiff’s punishment. On May 22, 2009, the registration of ownership transfer was completed in the name of the Plaintiff on July 2, 2009.

- On October 4, 1989, the transfer registration of ownership in Defendant B was made with respect to the G large-scale 397 square meters adjacent to the Plaintiff’s land.

- The Plaintiff’s land and its neighboring Gwangju City G, H, and I’s adjoining land were built with cement structure, cross-story structure, wooden wall structure, cross-story structure, and block slive roof (hereinafter “instant building”). The part of the site on which the instant building was constructed due to the intrusion upon the Plaintiff’s land is 113 square meters in the ship’s line, which are linked in sequence with each of the items indicated in the separate sheet No. 2, 3, 4, 5, 6, 10, 11, 12, 13, 14, 15, and 2.

- On October 30, 1982, the registration of preservation of ownership of the building of this case was made under J on October 30, 1982, and thereafter the owner was changed to K, L, M, and N, and on October 31, 1995, the registration of ownership transfer was made under Defendant B’s name.

- Defendant B is the children of Defendant C, and Defendant D is the fraud of Defendant C.

- Defendant C and Defendant D resided in the building of this case and retired from the lawsuit of this case while the lawsuit of this case was pending.

[Grounds for recognition] In light of the facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence Nos. 1 and 2 (including numbers; hereinafter the same shall apply) and images, the result of the request for measurement and appraisal of the Korea Land Information Corporation by this court for the overall purpose of the pleadings, the conclusion of the judgment as to the cause of the claim, and the basic facts as to the request for the delivery of the site, the defendant Eul, the owner of the building of this case, is obligated to remove the part of the violation of the indication among the building of this case, and deliver the land of the part of the violation to the plaintiff, the owner of the land of

The plaintiff is entitled to the ownership of the building of this case against the defendant C, who is a child of this case.

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