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(영문) 인천지방법원 2018.02.07 2017가단222169
건물등철거
Text

1. The Defendant (Appointed Party) and the designated parties are indicated in the annexed Form No. 1, 2, 3, and 3 of the land indicated in the annexed List to the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 31, 2014, the Plaintiff is the owner of the instant land indicated in the attached Table (1930 square meters of land E in Gyeonggi-do, Gyeonggi-do; hereinafter “instant land”) that was awarded a successful bid in the F real estate auction procedure with the District Court of the Gu Government District and completed the registration of ownership transfer on the same day.

B. From around 1964, the net G constructed approximately KRW 77 square meters on the ship's prefabricated-type housing unit (hereinafter "the building in this case") connecting each of the points in the separate sheet Nos. 1, 2, 3, 4, 1 and 5, 6, 7, 8, and 5 on the land in this case, and occupied the land by using the math and vegetable garden.

C. The deceased G’s successors have children H, I, J, K, and Defendant (Appointed Party) and the death of the selected parties after H does not affect the validity of the selection act and the status of the designated parties (see Supreme Court Decision 74Da1113, Jun. 10, 1975). The deceased’s death does not affect the former Defendant (Appointed Party B)’s status due to the death of the designated parties H, and it was expressed as the rectification of D, L, M, and N, the inheritor’s heir of H due to the death of the designated parties H.

After that, the designated parties D, L, M, and N have selected the Defendant (Appointed Party) and the Defendant (Appointed Party) became two.

On July 16, 2017, while the instant lawsuit was pending, died on July 16, 2017, and H’s successors are the Defendant (Appointed Party) D, the designated children, L, M, N (hereinafter “Defendant (Appointed Party”) and designated parties, and “Defendants”).

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 7 and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Defendants succeeding to the possession of the deceased G, barring special circumstances, are obligated to remove the instant building to the Plaintiff upon the Plaintiff’s claim for exclusion of interference based on the Plaintiff’s ownership, the owner of the instant land, and deliver the instant land.

B. As to the defendants' assertion, the determination is made.

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