건물명도
1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff and the Defendants are the deceased’s children who are married with the deceased H (the deceased on April 7, 201, hereinafter “the deceased”). The Plaintiff and the Defendants are the deceased’s children, and the deceased’s spouse.
B. The real estate listed in the separate sheet (hereinafter “instant real estate”) was originally owned by the deceased. As to the 1/2 shares of the instant real estate (hereinafter “instant 1/2 shares”) on the same day on June 5, 2000, the registration of ownership transfer was completed in the name of the Plaintiff on the ground of donation on the same day.
C. With respect to the remaining one-half shares of the real estate in this case, the registration of ownership transfer was completed in the name of I due to the reason of the inheritance due to the agreement division as of September 15, 2005 on April 7, 2001.
The deceased’s wife J and the Defendants asserted that I had forged the agreement on the division of inherited property between the deceased’s co-inheritors, and that I had filed a lawsuit seeking the implementation of the procedure for the cancellation of the registration of the remaining shares except for I’s inheritance shares (Seoul Western District Court 2007Gahap11507). On February 26, 2008 where the lawsuit is pending, the Defendants were the Plaintiff of the case and the deceased’s attorney-at-law on January 22, 2009. The Defendants were the Plaintiff of the case and the deceased’s attorney-at-law on January 22, 2009, and the Seoul High Court appealed as 2009Na21951, but the appeal was finalized on July 9, 2009.
E. On March 19, 2012, the Plaintiff and the Defendants filed a lawsuit seeking cancellation, etc. of the ownership transfer registration for the remainder of 1/2 shares of the instant real estate with respect to I et al. as Seoul Western District Court 2012Gahap3135, and received a judgment in full winning the judgment on May 2, 2013, and the said judgment became final and conclusive.
Accordingly, the registration for the correction of ownership was completed with the purport that the plaintiff, the defendants, and I own the portion of 1/16 of the real estate in this case.
F. On the rooftop of the instant real estate, approximately 20 square meters.