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(영문) 춘천지방법원강릉지원 2014.04.24 2013가단2128

토지인도 등

Text

1. On August 16, 2014, upon arrival of the date, the Defendant: (a) share 1/2 with respect to the Plaintiffs; (b) share 2390 square meters prior to Gangnam-si; and (c) the attached Form.

Reasons

1. Basic facts

A. A. Around April 13, 1983, the network E newly constructed a Bluter roof housing with a 54.97 square meters and 21.36 square meters away on the ground of Gangseo-si D (hereinafter “instant land”) owned by it, and the heir and heir of the network E, including the Defendant, who died on April 13, 1983, and succeeded to the instant building.

B. On August 16, 1984, the deceased F completed the registration of ownership transfer on the ground of sale as of January 30, 1970, and died on September 9, 200.

C. After that, on January 11, 2001, the registration of transfer of ownership in the name of Nonparty G was made on the ground of inheritance by agreement division, and on December 21, 201, each one-half share transfer registration was made in the name of the Plaintiffs.

Meanwhile, the Defendant and Nonparty H (the Defendant et al. collectively referred to as the “Defendant et al.”), around 2004, extended or reconstructed the previous building of this case. On the ground of 148 square meters in part of “B” as of the date of closing argument of this case, which is close to the date of closing argument of this case, as of the date of closing argument of this case, the cement brick, brick, string roof, one-story residential buildings and boiler rooms are constructed, and cement brick, brick, one-story, one-story, and toilets (hereinafter referred to as the “new building of this case”) are constructed on the ground of 21.36 square meters, including 9 square meters in the part on board the text.

(I) Although the defendant et al. seems to newly build most of the new buildings of this case around 2004, it seems that the floor area of the new building of this case increased without removing the new building of this case. In light of the physical structure, use and function of the new part and the intent of the defendant et al., it is reasonable to view that the new part is consistent with the old building of this case.

Grounds for Recognition: Facts without dispute, A1, 2, A5-1, 2, 1, 3-1, 2, 3-2, witness G testimony, part of witness I testimony and arguments.