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(영문) 대구지방법원 2015.09.17 2015나7730

토지인도 등

Text

1.The judgment of the first instance shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is each of the Plaintiff (Counterclaim Defendant), 1.

Reasons

1. Basic facts

A. The Plaintiff’s real estate 1) on March 17, 1980 and 453 square meters prior to H at the time of residence on March 17, 1980 (hereinafter “H land”).

(2) On January 21, 1980, the Plaintiff completed the registration of ownership transfer on the ground of sale and purchase, and thereafter on March 3, 1998, Nonparty I completed the registration of ownership transfer on the ground of sale and purchase on the ground of 49/453 shares of the above land and completed the registration of ownership transfer on the ground of sale and purchase on February 26, 1998, to Nonparty I, who currently holds 404/453 shares of the above land. 2) On March 17, 1980, the Plaintiff completed the registration of ownership transfer on the ground of sale and purchase on January 21, 1980, with respect to 700/870 shares of F&9 square meters (hereinafter “F land”). On April 6, 1998, the Plaintiff completed the registration of ownership transfer on the ground of sale and purchase on the ground of the remaining shares acquisition on the ground of the ownership under the Act on Special Cases Concerning the Partition of Co-owned Land, thereby owning the entire land as of the Plaintiff.

3) The Plaintiff is 872m2 [G land] at the time of residence.

B) The Defendants’ names are owned. (B) The J, a real estate 1) purchased Lbab 2,235 square meters (hereinafter “L land”) from K on July 2, 1971 at the time of residence, and thereafter began to occupy the said land while living in cement block structure, 235 square meters (with respect to the above land, storage, factory, etc. in addition to the above house; hereinafter “L-ground building”) on the above land.

2) On November 17, 1993, J died. Accordingly, the Defendants, the heir M and their children, and Nonparty N andO inherited L land and ground buildings according to their inheritance shares, but currently, following mutual donation, sale, etc., Defendant B and C own 2/13 shares in relation to the above land, etc., and Defendant D holds 7/13 shares in each of the above land. (iii) Meanwhile, the Defendants had the Defendants’ mother M continue to reside in L land and its ground buildings, and accordingly, M occupies the above land at present.

(c) Lground;