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(영문) 의정부지방법원고양지원 2019.05.30 2017가단15136
건물철거 및 토지인도 등
Text

1. Defendant B:

A. Of the lands listed in paragraph 1 of the attached list, the annexed list Nos. 16, 17, 18, 19.

Reasons

1. Request for the removal of buildings, delivery of land and return of unjust gains;

A. Facts of recognition 1) The Plaintiff’s husband D (Defendant B’s husband).

(E) On September 20, 1984, the land listed in paragraph (1) of [Attachment List No. 1] owned by E (hereinafter “instant land”).

(2) On April 5, 1981, the Plaintiff completed the registration of ownership transfer on the ground of inheritance by consultation and division. On November 4, 2002, the Plaintiff completed the registration of ownership transfer on the ground of inheritance by consultation and division on September 11, 2002. (2) Defendant B owned each of the items of (i) the ground warehouse (prefabricated type), 4,5,6,7,8,9,10, and 44 points in order among the land in this case, and connected each of the items of (2) the attached Table 2 drawings No. 16, 17, 18, 19, 19, and 16, and 34 points in order, and (3) the same area as the warehouse (prefabricated type), 34m2 and 34m2, 34m2, 37m2, and 34m294, and 37m29m2, in sequence, in each order.

(hereinafter all of the above buildings are referred to as “the ground objects of this case”). [Grounds for recognition] without dispute, entry and video of evidence A Nos. 1 and 2, the result of an appraisal commission to the branch offices of the Korea Land Information Corporation in the Republic of Korea, the purport of the whole pleadings.

B. Determination 1) The fact that the Plaintiff is the owner of the instant land, and that Defendant B owned the instant ground on the instant land, barring any special circumstance, Defendant B is obligated to remove the instant ground and deliver the instant land to the Plaintiff, barring any special circumstance. 2) Defendant B, the owner of the instant land, E (D and the father of Defendant B) who is the owner of the instant land.

(i)A building on this ground around 1957 [the (a) part of (i) of the instant ground property] 33 square meters;

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