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(영문) 의정부지방법원 2015.01.15 2013가합7933

건물철거 및 토지인도 등

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1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. The Plaintiff, Defendant C, D, E, F, G, H, I, and J are each 1/8 shares.

Reasons

Basic Facts

K owned a building, such as garroop, in the 372,198 square meters of L, in the city of the Gu government, and operated an individual inspection under the name of “B”. On January 30, 1989, K entered into a sales contract to sell the above B building to M (No. n) with the purchase price of KRW 36 million (hereinafter “instant sales contract”).

M paid to K the same day the down payment of KRW 10 million, the intermediate payment of KRW 16 million on February 13, 1989, and the remainder of KRW 15 million on March 15, 1989, respectively.

Of the B buildings purchased by M from K, registration of ownership preservation was completed on July 7, 1970 in Defendant B’s name. However, even though the above buildings were constructed on the ground of 372,198 square meters of the above L, the indication column of “building” was registered as “6 square meters of the Egra Government-si O-si O-ground wood and apap extraction.”

On the other hand, M is not a dispute between the plaintiff and the defendants on June 5, 1989, which is part of the attached drawing No. 20 of the 20th unit bonds which are the 20th unit bonds.

B. The building was built, completed the registration of ownership transfer in its name with respect to the building, and up to now the building, stone tower, tombstone, etc. (hereinafter referred to as “instant building, etc.”) as shown in the attached Table No. 1 through No. 26 from among the land of 372,198 square meters in the above LA forest.

On February 28, 2002, the Plaintiff and P shall receive a successful bid of 372,198 square meters of the above Lan Forest as a voluntary auction and receive a successful bid for the same year.

4. 8. Each 1/2 of whom completed the registration of ownership transfer, and the plaintiff has completed the registration of ownership transfer for each year.

5. 15. P shall complete the registration of ownership transfer after transfer of all the aforementioned shares of P.

On August 13, 2009, the land for the above Lan Forest 372,198 square meters was divided into 372,148 square meters of Lan Forest (hereinafter “instant land”) and Qin Forest 50 square meters.

M on March 8, 2013, M (hereinafter referred to as “the deceased”) died while left the Defendant C, D, E, E, F, G, H, I, and J.

[Reasons for Recognition] A/L without dispute, Gap evidence Nos. 1-1-4, Gap evidence Nos. 2-1, 2-2, Eul evidence No. 1, and the appraisal by the head of the Government's branch office of the Gyeonggi-do Headquarters of the Korea Cadastral Corporation.