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(영문) 의정부지방법원 2016.10.19 2014가단43533

건물철거 등

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On December 31, 1966, the registration of co-ownership of 2/3 shares in the Plaintiff’sbu I, Defendant D and J’sbu K on December 31, 1966 with respect to the land F, G, and H before the division (hereinafter “Ei”) was completed on September 25, 1982, the registration of co-ownership of 1/3 shares was completed on September 25, 1982, and G, H, and G, H, and L, P, P, and Q from among the lands after the division of each land was transferred to Korea or Gyeonggi-do.

On March 18, 1983, the inheritance registration under J's name was completed on March 18, 1983 with respect to shares of 1/3, and on December 21, 1991, the inheritance registration was completed on May 29, 1992 with respect to shares of 2/3 square meters in the F.1,984 square meters after the above division.

After the division, G, H, and L's shares of each land were inherited to other inheritors.

B. After that, the Plaintiff and J have made a partition of co-owned property as to F. F. 1,984 square meters after the said partition. On September 5, 2006, the registration of ownership transfer in the Plaintiff’s sole name was completed, and the registration of ownership transfer in the J’s sole name was completed as to M. 61 square meters.

C. Meanwhile, at around 1970, K constructed a house and a store of 89.01 square meters and 17.28 square meters on each land of F, G, and H before the said division with the consent of I, a co-owner (hereinafter “house portion”), a stable of 139.84 square meters and a 9.02 square meters square meters on each of the facilities of convenience (hereinafter “the livestock shed portion,” and “the instant building”). On September 25, 1982, upon the inheritance of the Defendant D at the time of his death, registration of ownership was completed under the Defendant D’s name on August 30, 1983.

(At the time, registration was completed only with respect to housing 89.01 square meters and 17.28 square meters in warehouses. On September 7, 1999, the application for registration of change of indication was corrected as shown in paragraph (2) of the attached Table.

As to the housing portion of the instant building, Defendant D is a restaurant with the trade name “R” from June 1984 to its place.