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(영문) 제주지방법원 2019.04.23 2017가단9076
건물철거 및 토지인도 등
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. In Jeju-si, the attached drawing 1.3 is marked among the 268m2 and D large 304m2.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

Common Facts

A. On July 19, 1977, the registration of transfer of ownership was completed on July 12, 197 with respect to the land of this case on August 17, 197 with respect to the land of this case on August 17, 1993, the Plaintiff’s father F completed the registration of transfer of ownership on August 17, 1993, based on the former Act on Special Measures for the Registration, etc. of Transfer of Real Estate Ownership (Act No. 4502).

After that, on January 19, 2015, the instant land No. 1 had been KRW 268 square meters in Jeju-si on the ground of land category change, and on February 10, 2015, F completed the registration of transfer of ownership on the instant land No. 1 on the ground of donation on February 6, 2015 to the Plaintiff.

B. Based on the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094), F completed the registration of ownership transfer on November 17, 1980 with respect to D large 304 square meters (hereinafter “instant land”) on the ground of sale on August 5, 1970, based on the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate, F completed the registration of ownership transfer on December 18, 2014 for the Plaintiff on November 14, 2014.

C. Meanwhile, on February 17, 1943, the registration of ownership transfer was completed on the ground of sale on February 8, 1943, as to the land adjacent to E, Jeju-si, Jeju-si, Jeju-si, the instant land (hereinafter “instant adjacent land”). H completed the registration of ownership transfer on April 26, 197 with respect to the instant adjacent land on April 26, 197, for the Defendant on April 197.

On August 1, 1977, the Defendant newly constructed a block structure studio house (hereinafter “the instant building”) around December 6, 197, with a building permit granted for the instant land No. 1 and the adjoining land as a site for the instant land.

However, the actual status of the building of this case is indicated by the annexed drawing.

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