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(영문) 인천지방법원 2017.04.13 2015가단222837
건물등철거
Text

1. Defendant B: (a) the Plaintiff (Counterclaim Defendant);

A. Removal of 128 square meters of brick buildings on the ground ground-based D, Incheon Cheongjin-gun.

Reasons

1. As to the main claim

A. The fact that the Plaintiff’s father E completed the registration of ownership transfer on May 18, 1974 as to D, 942 square meters in Incheon po-gun on May 18, 1974; the Plaintiff’s mother on October 28, 1999; and the Plaintiff completed the registration of ownership transfer on each of the above lands on May 26, 2005 due to an inheritance by consultation or division.

On January 4, 2008, the Plaintiff divided the said land into 620 square meters in Incheon po-gun, Incheon po-gun and 322 square meters in G field. On February 12, 2008, the Plaintiff completed the registration of ownership transfer on the ground of sale on January 5, 2008 with respect to G 322 square meters in G.

② Defendant C newly constructed a single-story detached house 41.8 square meters on the ground of Incheon Cheongjin-gun, 1976, and registered it as the owner of the building ledger. The registration of ownership preservation on the said housing was completed on July 22, 201, and the registration of ownership transfer was completed on July 15, 201 to Defendant B, who is ASEAN on the same day.

③ Upon the Plaintiff’s request, each type I requested Defendant C to remove the above house on or around 2009. Defendant C sold the above house to J, and Defendant C may claim damages later.

Accordingly, on September 18, 2009, the Plaintiff and I prepared a letter stating that “in removing 41.8 square meters of a building registered in Defendant C’s name, the Plaintiff and I are fully responsible for all problems that arise from the buyer and subsequent to the removal,” and received certification from the Incheon Civil Law Firm.

On August 10, 2010, the Plaintiff removed the building under Defendant C’s name from September 10, 2010 to Defendant C’s address “Sacheon-gun D”. The Plaintiff’s request for cooperation was also wasteed only for this reason, and the Plaintiff has left the building for a long time and has a enormous obstacle and economic loss to use the land.

‘A’ sent the certificate of content to that effect.

(4) Defendant B shall be the defendant B, 2013.

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