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(영문) 대전지방법원천안지원 2015.04.15 2014가단109590

토지

Text

1.(a)

With respect to Defendant B’s share 48/189, with respect to Defendant C, E, and F’s share 34/189, Defendant D, G, and H, respectively.

Reasons

1. Facts of recognition;

A. On March 25, 2014, the Plaintiff acquired the ownership of 1,094 square meters (hereinafter “instant land”) from a voluntary auction.

(The transfer registration of ownership was completed on March 28, 2014). (b)

In around 1953, the network J newly constructed and owned the part on the ship (hereinafter referred to as “instant warehouse”) which connects each point of No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 1 of the attached Form No. 1 among the land in this case, on the ground section (hereinafter referred to as “the part on the ship” in the attached Form No. 1), which connects each point of No. 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, and 107 square meters of housing of 107 square meters on the ground section and one roof (hereinafter referred to as “the part on the ship”) of the attached Form No. 12, 13, 14, 15, 16, 17, and 12 of the land in this case.

However, the registration of preservation of ownership in relation to the instant housing and warehouse was not completed, and even until the date of the closing of argument in the instant case, the instant housing and warehouse are unregistered in entirety.

C. The deceased J died on December 20, 1989, and the heir had wife K and children, Defendant B, C, D, E, F, and G.

K died on December 23, 1997, and at the time there was net L, Defendant B, C, D, E, F, and G as heir.

On the other hand, the deceased L died on July 5, 199, and the inheritor was the husband M and the defendant H (N prior to the name of the husband).

In addition, M died on May 1, 2009, and Defendant H was the inheritor.

From March 25, 2014, the Plaintiff acquired ownership to the instant land, Defendant C resides in the instant housing from March 25, 2014 to the date of closing the argument of this case.

Defendant C, while occupying the instant house and warehouse, occupies and uses the attached Form 2, 4, 5, 6, 20, 19, 18, 17, 16, 15, 14, and 4 among the land of this case, the part of the ship connecting each point in the attached Form 2 (hereinafter “attached Form 2”).

【Ground for recognition” has no dispute;