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(영문) 전주지방법원 군산지원 2018.04.03 2017가단52410

건물명도(인도)

Text

1. The Defendant (Counterclaim Plaintiff) B is the Plaintiff (Counterclaim Defendant).

A. Annex 1, 2, 3, 3, the attached Form 1 drawings on the ground of 1381m2 in Dosan-si.

Reasons

1. The part of the principal claim against the Defendant (Counterclaim Plaintiff) and the part of the counterclaim claim against the Plaintiff (Counterclaim Defendant)

A. On February 22, 1970, when the registration was completed as owned by E (hereinafter “instant land”) the basic facts (1) Dosan-si D 1381 square meters (hereinafter “the instant land”) had been completed on February 22, 1970, the registration of transfer was completed on the part of his heir, including the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”), and registration was made on the part of the right holder’s change as of the date of closing argument as of the date of closing argument.

(2) On the instant land, there are detached houses and warehouses (B) on board (hereinafter “each of the instant buildings”) indicated in the attached Form 2, which the Defendant (Counterclaim Plaintiff, Defendant hereinafter “Defendant”) possessed as of the date of closing argument, and each of the instant buildings is unregistered.

[Ground of recognition] Unsatisfy, Gap's entries in Gap's 1 and 2, the purport of the whole pleadings

B. (1) The plaintiff's assertion (1) that each of the buildings of this case is the plaintiff's own property or co-owned property so that the building of this case can be repaired to the defendant without compensation, and there is a need to maintain it. It is sought delivery (in the case of each building above, removal) along with the site.

(2) The Plaintiff’s respective buildings of this case donated to H as well as the Plaintiff’s father’s father’s father’s father and the Defendant’s motherer’s land (after the Defendant’s death, the Defendant, after his death, continuously resided in the house and the above building for 68 years (after his death on February 3, 1996), and the Defendant alone live in the house after his death on the part of the Defendant.

() At the time of the commencement, the defendant completed the repair of the above building with the cost of the cement block building. Therefore, the defendant's possession of the land of this case is the possession of intention, peace, and performance, and the alteration of the building of this case is deemed to belong to the defendant as "new construction" and thus, the plaintiff's claim is unfair, and the plaintiff acquires prescription as to the above land (the date of the expiration of the period) by the defendant.