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(영문) 의정부지방법원고양지원 2016.04.29 2015가단30605

건물퇴거

Text

1. The claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The building listed in the attached list is a building constructed around 1960 and indicated in C in the building ledger at the time of strike, but the actual building is located in D and E on the ground.

(hereinafter referred to as “instant site”) b.

The instant site was owned by F, and the Plaintiff acquired ownership of the said site on April 19, 1993 due to the gift made by April 19, 1993.

C. On August 1981, the instant building was registered as owned by Nonparty G in the building ledger.

On the other hand, the defendant married with G on July 18, 197 and resided in the above building from around 1981, and divorced from G around July 25, 2002. Since that time, the defendant has been living in the above building alone and has occupied it.

The Plaintiff filed a lawsuit against G against G on the ground that G owned the instant building without any authority and occupied the instant site, thereby seeking removal of the instant building and delivery of the site (PPD). As a result, G was brought up with the status of being served with the said complaint by means of service by publication, and as a result, G was sentenced to a judgment accepting the Plaintiff’s claim on January 23, 2015, and the said judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence No. 1, purport of whole pleadings

2. Determination

A. According to the above facts, the Plaintiff may seek removal of the instant building from G, the title holder on the building ledger of the instant building, except in extenuating circumstances. Accordingly, the Defendant is obligated to leave the instant building from the building to the Plaintiff.

B. The Defendant asserts that the judgment on the Defendant’s assertion on the purchase of land (1) the Defendant purchased the instant building and site, and that he/she was succeeded to the division of property from G.

The fact that G around August 1981, the building of this case was registered in its name in the building ledger is recognized as above, and evidence Nos. 3 and 4 1, 198.