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(영문) 대전지방법원논산지원 2016.06.30 2015가단4231
건물철거 및 토지인도 등
Text

1. The defendant takes precedence over each point of indication 1 to 4, and 1 of the annexed drawings among the area of 1,511 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

Reasons

Basic Facts

A. On June 9, 2008, the Defendant completed the registration of ownership transfer on the ground of sale on June 5, 2008 with respect to D 1,511 square meters (hereinafter “instant land”).

On December 3, 2008, the Defendant completed the registration of initial ownership relating to the 98 square meters in a warehouse in a single-story (hereinafter “instant warehouse”) of the instant land, which is linked to the ordinary wood structure of the instant land.

B. On December 19, 2013, the Defendant donated the instant land and the instant warehouse to E, one of its children, and completed the registration of ownership transfer on December 24, 2013.

C. The Plaintiffs received a successful bid for the instant land and the instant warehouse in the Daejeon District Court Dasan Branch F real estate auction, and completed the registration of ownership transfer on August 24, 2015, and completed the registration of ownership transfer on August 26, 2015 with respect to the instant land and the instant warehouse on August 26, 2015.

On the ground of the instant land, in addition to the instant warehouse, there are three unregistered buildings not registered on each ground of 45 square meters of the part caused by the inboard connected each point of 40 m2, 5 m2, and 9 m2, and 9-12, and 9 m2, and 9 m2, connected each point of 40 m2,000 m2,000,000,000 in sequence of each point indicated in the attached Form 1-4, and 1, in addition to the instant warehouse (hereinafter “each building of this case”), and the Defendant occupied three unregistered buildings.

[Reasons for Recognition] Fact-finding, Gap evidence Nos. 1 and 4-1, 2, and Gap evidence Nos. 6, and the result of this court's request for measurement and appraisal of the branch offices assigned to the Korea Land Information Corporation, based on the above facts of recognition as to the ground for the overall purport of the pleadings, since the defendant occupies each of the buildings of this case on the ground of the land owned by the plaintiffs, the defendant is obligated to leave the building of this case from each of the buildings of this case.

The defendant's argument regarding the defendant's argument is that the defendant purchased three existing buildings on the land of this case and the ground of this case, and then the defendant purchased three existing buildings on the land of this case.

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