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(영문) 울산지방법원 2019.01.10 2017나24755
건물등철거
Text

1. The Plaintiff’s appeal against the Defendants and all appeals by Defendant B, D, E, F, and G are dismissed.

2. The appeal costs.

Reasons

1. Basic facts

A. On December 7, 197, H and I completed the registration of ownership transfer on December 6, 1977 with respect to 1/2 shares of each of the instant land, and around May 6, 1978, H and I newly constructed a house of 68.93 square meters on the ground of the instant land (hereinafter “former house”).

B. Defendant B’s father J and Defendant B purchased 1/2 of the instant land from I on March 13, 1979, and completed the registration of ownership transfer on March 14, 1979 as to the said portion.

In addition, the J and Defendant B purchased the old house from H and I on March 14, 1979, and after obtaining permission for extension around April 1980, the building of this case was newly built adjacent to the old house.

Among the instant land, the instant building is located on the 48.8 square meters away from the line that connects each point of the attached Table 3, 4, 5, 12, 11, 10, 9, and 3.

C. On March 2, 1981, J and Defendant B completed the registration of ownership transfer due to the division of co-ownership on February 27, 1981 with respect to one-half shares of each of the instant land, and Defendant B completed the registration of ownership transfer due to sale on November 15, 1989 with respect to the shares of J on December 20, 1989.

Accordingly, the instant land became the sole ownership of Defendant B.

From May 2002, Defendant C leased the instant building from Defendant B to the present time, and operated a washing house in the said building.

E. The J died in around 2006 and jointly inherited the shares of Defendant B, D, E, F, and G in relation to the instant building according to their statutory shares in inheritance.

F. Meanwhile, the old house was removed on March 2015.

G. However, on May 7, 2015, Defendant B’s creditor Mmarket Merchants’ Association applied for a compulsory auction on the instant land owned by Defendant B (Ulsan District Court N). The Plaintiff obtained a decision of permission for sale on December 24, 2015 and paid in full the sale price on January 4, 2016, and thereafter on January 8, 2016.

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