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(영문) 서울중앙지방법원 2014.03.27 2013가합12001

건물철거 등

Text

1. The defendant

A. Removal of each building listed in the separate sheet (2) to the plaintiffs;

B. Attached Table A to the Plaintiff.

Reasons

1. Basic facts

A. The network H was composed of Plaintiff B, C, D, E, F, and Defendant as Plaintiff A’s husband, and between Plaintiff A and Defendant as Plaintiff A.

The Network H died on August 6, 1972.

B. As to the land listed in paragraph (1) of the attached Table (1) of the attached Table (hereinafter referred to as the "land No. 1 of this case"), the registration of ownership transfer was completed under the name of the plaintiff A on October 25, 1973, and the registration of ownership transfer was completed on each land listed in paragraph (2), 3, and (4) of the attached Table (1) of the attached Table (hereinafter referred to as the "each land of this case" of this case, and on each land listed in the attached Table No. 2, 3, and (4) of the attached Table (hereinafter referred to as the "each land of this case" of this case). The registration of ownership transfer was completed in the name of the defendant 3/10 on July 20, 1981, after the death of the deceased, with respect to shares No. 3/10 in the name of the plaintiff 2/10 on each part of the remaining plaintiffs 1/10 on August 6, 1972.

C. On the ground of the instant land Nos. 1 and 3, the buildings listed in attached Table No. 1 (2) (hereinafter referred to as the “building No. 1”) are constructed, and the buildings listed in attached Table No. 2 (2) of the attached Table No. 1 to 4 land and I land are constructed on the ground of the instant land No. 1 to 3 (hereinafter referred to as the “instant building”).

As to the building No. 1 of this case, the Seoul Central District Court’s registration No. 4884, Feb. 12, 1996, and as to the building No. 2 of this case, the registration of preservation of ownership was completed in each Defendant’s name as the Seoul Central District Court’s registration No. 61487, Dec. 22, 2009.

At present, each of the instant buildings is being used as the teachers and their accessory buildings of J School, and the entire land of the instant case is used as the site for the school building of the said J School.

From September 1998, the defendant has been in office as the founder of the above J School (which means the original or the defendant's expression, or the representative).

[Ground of recognition] Unsatisfy, A(1) through (3)