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(영문) 대구지방법원 2018.12.19 2018나301983
건물등철거
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim (including the part extended by this court) is dismissed.

3. Action.

Reasons

1. Basic facts

A. On December 31, 2003, the Defendant’s husband C, who owned D 870 square meters in Ansan-si, completed the registration of ownership transfer on the ground of “Sale on December 30, 2003” with respect to the said land to E, who is the husband of the Plaintiff.

B. Around April 2004, E prepared a written consent to the use of the site (No. 12-1, hereinafter “written consent to the use of the site in this case”) to the Defendant, the wife of C, stating that “the Defendant consented to the use of the above D 870 square meters as a building site.”

C. On April 26, 2004, the Defendant obtained a building permit to newly build a stable listed in attached Table 1 List 2 (hereinafter “the instant stable”) from the head of the Ansan-dong market on the same scale as the above 870 square meters, and completed the instant stable on May 7, 2004 after commencing the instant new stable construction work on May 7, 2004.

On July 13, 2004, the land category of D, which is the instant livestock shed site, was finally changed to a site via a stock farm site, and was divided into 860 square meters in attached Table 1 list and 10 square meters in F. The land category of the instant land was changed to a stock farm site on July 14, 2004.

E. On August 11, 2004, the Defendant completed the registration of initial ownership relating to the instant stable. On September 21, 2004, the Defendant obtained a loan from the G Livestock Industry Cooperatives (hereinafter “G Livestock Industry Cooperatives”) on September 21, 2004, and on the same day, completed the registration of creation of a neighboring mortgage with respect to the instant stable as “the maximum bond amount of KRW 20 million and the Defendant,” and completed the registration of establishment of a neighboring mortgage with respect to the instant stable in the G Livestock Industry Cooperatives. On the same day, E also completed the registration of establishment of a neighboring mortgage with respect to the instant land in the Do Livestock Industry Cooperatives.

F. On February 8, 2010, the Defendant obtained permission from the Ansan market to change the purpose of the instant livestock shed into a general restaurant and office as shown in attached Table 1 List 3, and around that time, the instant livestock shed is “the instant building” as stated in attached Table 1 List 3.

(C).

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