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(영문) 청주지방법원 영동지원 2021.02.26 2020가단5258

건물인도

Text

All of the plaintiffs' claims for confirmation of ownership are dismissed.

All of the plaintiffs' remaining claims.

Reasons

1. Facts of recognition;

A. On February 12, 2007, the ownership preservation period, etc. was completed on February 12, 2007 with respect to the land of 197 square meters in Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-do (hereinafter “instant land”), and on December 4, 2007, the ownership of Plaintiff A was completed on December 4, 2007.

B. On the ground of the instant land, one building exists as indicated in the attached photo as of the present date. On the general building ledger, on the instant land, there is a wooden/cement and roof housing owned by the deceased H (hereinafter “the Deceased”) (1942 new construction in 1942; hereinafter “the Deceased’s Housing”) and 41.3 square meters (1967 new construction in 1967; hereinafter “Defendant’s Housing”) of soil brick/string-house owned by the Defendant, and on the instant land’s entire certificate for the registered matters, I written the registration of ownership preservation on June 24, 2008, and the Defendant’s registration of ownership transfer on May 10, 2016.

(c)

Plaintiff

A, primarily against the Defendant, filed a lawsuit seeking the performance and delivery of ownership transfer registration procedures with respect to the removal of the instant multi-story housing of 41.3 square meters and the instant multi-story housing of 41.3 square meters and the instant multi-story housing of 41.3 square meters, ancillaryly, against the Defendant (Cheongju District Court Decision 2017Dadan4361), and the said court rendered a judgment accepting the Plaintiff’s primary claim on July 20, 2018. Accordingly, the Defendant appealed against the Plaintiff, claiming that the Plaintiff exercise the right to claim purchase of the instant multi-story housing of 41.3 square meters and the Plaintiff sought a counterclaim against the Defendant for the payment of KRW 23,128,00 and KRW 41.3 square meters of the instant multi-story housing of 41.3 square meters, and for delayed payment of damages to the Plaintiff and the Plaintiff’s conjunctive District Court (Cheongju District Court Decision 2018Na28071, Feb. 16, 2017).