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Reasons
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(영문) 대구지방법원김천지원 2015.05.13 2013가단5387
건물철거 및 토지인도
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1. The part of the Defendant-Counterclaim Plaintiff’s claim for cancellation of registration shall be dismissed;

2. The Defendant (Counterclaim Plaintiff) is the Plaintiff.

Reasons

1. Basic facts

A. The deceased G completed the registration of ownership transfer based on the sale on September 2, 1937, No. 11970, which was received on September 2, 1937, as the Daegu District Court Kimcheon-si, Kimcheon-si, Kimcheon-si (hereinafter “instant land”).

B. The deceased G died on October 19, 1952, and the heir was his wife H and Friend.

C. On October 5, 1954, the Sea Council, which is the birth of the deceased G and the deceased I, was entered in the post-help of the deceased G on 1954.

In around 1978, the deceased I newly built a mixture of brick fixtures and a house of 61.74 square meters (hereinafter “instant building”) on the instant land, and resided around that time.

E. The deceased on January 2, 1983, the deceased on January 2, 1983, and the deceased on his wife K (the deceased on May 4, 2001), the deceased L (the deceased on January 31, 2007), the deceased M (the deceased on September 23, 1994), the defendant, N, the networkO (the deceased on March 25, 1985), P, and Q inherited their property.

F. The deceased R completed the registration of ownership transfer on the instant land due to the inheritance of Australia, as the Daegu District Court Decision 39482, Dec. 21, 2006, No. 39482, Oct. 19, 1952.

G. The deceased R died on December 13, 201, and Plaintiff B and C, the wife, succeeded to their property.

H. The Defendant is residing in the instant building from around May 23, 2013.

I. The rent from May 23, 2013 to the present is equivalent to KRW 13,779 per month.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 17 (including each branch number, if any), Eul evidence Nos. 1 through 3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiffs asserted inherited the instant land from the deceased R, and the Defendant, while residing in the instant building from May 23, 2013 to occupy and use the instant land without permission, occupied and used the instant land from May 23, 2013. As such, the Defendant removed the 1/15 shares of the instant building, transferred the instant land to the Plaintiffs, and transferred the instant land from May 23, 2013.

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