건물등철거
1. All appeals by the Defendants are dismissed.
2. Of the appeal costs, the part arising between the Plaintiff and the Defendants.
1. Facts of recognition;
A. 1) The deceased and the Plaintiff B are married couple (hereinafter “the deceased”) and the deceased and the Plaintiff B are “the deceased couple”.
(1) The real estate listed in the separate sheet No. 1 (hereinafter referred to as the “instant site”)
As to each of the owners holding one-half shares. Defendant C is the real estate listed in [Attachment 2] [Attachment 2] on the ground of the instant site (hereinafter “instant building”).
Defendant D is the owner of the instant building. On May 16, 2012, Defendant D occupied the instant building as a person having chonsegwon established a right to lease on a deposit basis for the instant building from Defendant C. (2) On August 6, 2017, during the instant lawsuit, the Plaintiff L, his child, solely inherited the deceased’s property through an agreement division, and completed the registration of transfer of ownership on the whole shares of the deceased among the instant site on January 31, 2018.
B. Defendant C (hereinafter referred to as the “Supplementary Intervenor”) who is the vegetables of the instant site and building
A) Around June 29, 195, Defendant C and the Intervenor entered into a title trust agreement with the actual possession of the instant site and the name of the owner as the intervenor. The F, as the Intervenor’s agent, purchased the instant site in the name of the intervenor at KRW 368,30,000 in the name of the intervenor. After the completion of the registration of transfer of ownership in the name of the intervenor on August 5, 1998, the title trust agreement was concluded between Defendant C and the Intervenor on November 4, 1999 and the provisional registration of the claim for provisional registration of ownership transfer in the name of Defendant C (hereinafter “the provisional registration of this case”).
(2) On July 22, 1998, Defendant C entered into a title trust agreement with the intervenor to the name of the intervenor as the intervenor after newly building the instant building on the instant land, and registered the intervenor as the owner on the building ledger of the instant building as the participant.
3 An intervenor against Defendant C on October 6, 2010.