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(영문) 광주지방법원순천지원 2019.01.22 2018가단74751

건물등철거

Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs asserted that the above owner of the housing is the defendant, since the person who actually uses and benefits from the housing of this case by entering into a lease agreement.

As to this, the defendant asserts that the house of this case is a building constructed 50 years ago, and the owner of the above house is only the non-party E who is the defendant's omission, and is not the defendant.

2. Comprehensively taking account of the purport of the entire pleadings as to the entries in the evidence Nos. 1 through 7, Plaintiff A completed the registration of ownership transfer on January 5, 1999 with respect to the portion of 185.7/2785 out of the instant land. Plaintiff B completed the registration of ownership transfer on January 16, 2013. The fact that Plaintiff B completed the registration of ownership transfer on January 16, 2013, indicated in the separate sheet Nos. 1, 2, 3, 4, 5, 6, 7, and 1 on the instant land. The fact that the instant housing was constructed on the part of 39 square meters in the ship (A) connected each point of the above separate sheet No. 1, 2, 3, 4, 5, 6, 7, and 1 on the instant housing. The fact that Defendant and Nonparty F concluded the lease agreement around April 1,

However, the above facts and the evidence submitted by the plaintiff alone are insufficient to recognize the housing of this case as the defendant's ownership, and there is no other evidence to acknowledge it.

Therefore, the above plaintiffs' claims are without merit without examining the remaining parts.

3. The plaintiffs' claim is dismissed as it is without merit.