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(영문) 대전지방법원서산지원 2020.05.27 2019가단53414

건물등철거

Text

1. The Defendants, as the Plaintiff:

A. With respect to each of 1/6 shares, an appraisal map in the attached Form 1. 2,810 square meters of G forest in Jin-si, Jin-si.

Reasons

1. Claim against Defendant C, D, and F

A. The following facts can be acknowledged in full view of the purport of the entire pleadings in each of the evidence Nos. 1 to 10 and evidence No. 1 to 10.

1) The Plaintiff’s husband, H is the Plaintiff’s husband, G forest G 2,810 square meters (hereinafter “instant land”).

On January 19, 1989, the Plaintiff completed the registration of ownership transfer on January 19, 1989 and the H died, and on January 2, 2013, the Plaintiff owned the instant land and the claim for return of unjust enrichment therefor by agreement division inheritance.

3) On the ground of the instant land, appraisal by the attached Table 11, 12, 13, 14, and 11 are connected in order to each point of the attached Table Nos. 11, 12, 13, 14, and 11, and 74 square meters of a brick structure building on the roof of the bridge,

) A building has been constructed and the appraisal of the instant land is 515 square meters in the ship that connects each point of the attached Table 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 1 in sequence among the instant land (hereinafter “instant building site”).

(4) On the other hand, the Plaintiff filed a lawsuit against J, the heir of the instant building, claiming removal of the instant building site, delivery of the instant building site, and claim for unjust enrichment equivalent to the rent (Seoul District Court Seosan Branch Decision 2017Dadan50459). However, on the ground that the Plaintiff’s heir’s share in inheritance falls under one-six shares in each of the inheritance shares of J on July 18, 2018, the J removed 1/6 shares among the instant building, and transferred the instant building site to the Plaintiff, and the Plaintiff received money at the rate of 5% per annum from June 20, 2018 to July 18, 2018, from the next day to the date of full payment, to the date of delivery of the building site to the date of full payment, and from the date of delivery to the date of full payment of KRW 12% per annum from September 16, 2018.

J filed an appeal against the above judgment (Seoul District Court 2018Na10538), but received a judgment dismissing the appeal on August 22, 2019, and the final appeal is the Supreme Court.