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(영문) 의정부지방법원 2018.05.11 2016가합51085
건물철거 등 청구의 소
Text

1. The Plaintiff:

A. Defendant B 1) Of the size of 2,641 square meters in Namyang-si Daehan-si, the indication of the attached drawing (16) through (23) and (16).

Reasons

1. Basic facts

A. On September 19, 1974, the Plaintiff acquired ownership of DJ 2,641 square meters (hereinafter “instant land”).

B. G newly constructed, on the instant land, a wooden string ground, a single-story house, 24.54 square meters, and a wooden string ground, a string ground, and 9 square meters on the instant land, thereby obtaining approval for use in 1984, and completed registration of preservation of ownership on April 19, 1986.

After that, on October 10, 1990, H and September 24, 1992, the ownership transfer registration for the above building was completed on the ground of donation in the name of the defendant B, who is his father and wife of I, on November 18, 2015.

The above building is currently ordered as 1-A.

1) The state of extension as described in paragraph (1) (hereinafter “instant building 1”).

(C) Defendant C newly constructed 35.25 square meters on the instant land and E, a wooden string roof, 35.25 square meters, wooden string roof, single string roof, and 11.7 square meters on December 15, 1993, and completed the registration of ownership transfer on the ground of donation on December 8, 2004. After which Defendant C completed the registration of ownership transfer on May 10, 2007 by a final judgment ordering the revocation of fraudulent act and reinstatement. The above building was extended as described in Article 1-2(b)1 of the Act.

(hereinafter “instant building No. 2”). D.

Since May 195, the Plaintiff has, without any separate agreement, received land rents from the owners of the buildings Nos. 1 and 2 in the instant case while managing the instant land.

E. The Defendants currently occupy the instant land.

[Ground of Recognition] Facts without dispute, entry of Gap evidence 1, 3, and 4 (including each number), the result of this court's request for surveying and appraisal to K, the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. According to the above facts of recognition as to the primary cause of claim, Defendant B owned the instant building on the instant land owned by the Plaintiff and owned the instant land.

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