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(영문) 인천지방법원 2020.12.08 2020가단202431
건물등철거
Text

Defendant B shall be recorded in the building ledger of the building listed in the attached Table 3 attached hereto in Gyeyang-gu Incheon Metropolitan City.

Reasons

1. Basic facts

A. On September 2, 199, E completed the registration of transfer of ownership with respect to D 94С in Gyeyang-gu, Incheon Metropolitan City (hereinafter referred to as “Fdong parcel number land”) on the ground of sale on January 29, 2010. The Plaintiff completed the registration of transfer of ownership with respect to the said D land on the ground of sale on January 29, 2010.

On June 13, 2005, Defendant B completed the registration of ownership transfer on the G Gyeyang-gu Incheon 94 square meters.

B. Both the aforementioned D and G land were included in the F District Land Readjustment Project. However, on June 23, 2010, a land substitution disposition notice was issued with respect to each of the said land, and D land was changed to H large 78.5 square meters according to a land substitution disposition, and 15.5 square meters reduction from the existing land area and the land substitution registration was completed on July 26, 2012.

In addition, G land was changed to 113.9 square meters according to a replotting disposition, and the increase of 19.9 square meters in the existing land area and the registration of replotting was completed on June 4, 2012.

C. On June 13, 2005, Defendant B acquired the ownership of Class 1 and Class 2 neighborhood living facilities on the second floor of the G ground structure and Alcsacle B’s roof in Gyeyang-gu Incheon, and on September 30, 2008, from E, the owner of neighboring D land, the written agreement and the written consent for land use is indicated as “D large 78.0 square meters in the indication of land in the indication of land in the land use agreement around September 30, 2008.

(A) On October 2, 2008, the land is presumed to be H land, which is the land after the land substitution) and the Klint (I land which is the land after the land substitution) from the head of Gyeyang-gu Incheon Metropolitan City on October 2, 2008.

approval for the use of the reserved land for replotting has been obtained.

On the other hand, Defendant B reported extension of the above building at the first floor/third floor on the ground, the site area of 184.9 square meters, the building area of 65.495, the building-to-land ratio of 35.4218%, the total floor area of 224.205, and the floor area ratio of 86.3494% from the head of Gyeyang-gu Incheon Metropolitan City on October 7, 2008, and received a certificate of completion of construction, substantial repair, and alteration of the purpose of use of the above contents from the head of Gyeyang-gu Incheon Metropolitan City on November 26, 2008.

approval of use with respect to such approval.

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