건물인도 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
The plaintiff, at the first instance court, filed a claim against the defendant for delivery of the building and filed a preliminary claim for removal of the building and delivery of the land, and the first instance court dismissed the primary claim and accepted the preliminary claim in full.
However, since only the defendant appealed against the part of the judgment against him, the part against the plaintiff in the judgment of the court of first instance was excluded.
Facts of recognition
Around August 17, 1975, Non-party D, the Plaintiff’s father, Non-party D, on the attached Form No. 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 10, and 11 of the appraisal map attached to the land of this case (hereinafter “the land of this case”) connected each point of the above 8, 24, 25, 26, 27, 28, 29, 7, and 8, 24, 27, 28, 29, 7, and 8, the land of this case was newly constructed with each of the non-party D’s land owned by the co-inheritors without permission (hereinafter “the land of this case”).
The deceased G completed the registration of ownership transfer on the instant land on March 4, 1980 on August 19, 1993, and the deceased on October 12, 200 and the deceased’s heir jointly succeeded to the deceased G.
On July 26, 2012, along with the deceased D’s co-inheritors, the Plaintiff filed a lawsuit seeking the registration of ownership transfer against the deceased G’s inheritors seeking the registration of ownership transfer based on the completion of the statute of limitations for possession on the instant land, and was sentenced to a favorable judgment on December 18, 2013. The said judgment became final and conclusive on February 4, 2014.
The Plaintiff and the deceased D’s co-inheritors completed the registration of ownership transfer on the instant land on June 13, 2014, and the Plaintiff, on July 15, 2014, donated on July 15, 2014, the Daejeon District Court (Seoul District Court) receipt No. 3329, Jul. 15, 2014, with respect to the portion of the deceased D’s co-inheritors among the instant land.