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(영문) 광주지방법원 2020.02.27 2018가단10543
건물철거 및 대지인도 등
Text

1. Defendant (Appointed Party) and Appointed C, D, E, F, and G are the Plaintiff:

A. The attached appraisal map shall be a 367m2 in Naju-si.

Reasons

1. Facts of recognition;

A. 1) On April 24, 1957, I is the land of this case: H large 367 square meters (hereinafter “instant land”).

The registration of ownership transfer is completed with respect to the land of this case. I died on September 28, 1962 and succeeded to I’s property by J, children, K, L, M, N, andO, his spouse. 2) The defendant C, the spouse of L, completed the registration of ownership transfer due to sale on February 10, 1981, pursuant to Act No. 4502.

3) On February 1, 2007, P acquired ownership of the instant land due to a compulsory sale by official auction. On April 27, 2018, the Plaintiff purchased the instant land from P, and on May 2, 2018, P completed the registration of ownership transfer on the said land. 4) Meanwhile, P transferred “the claim for return of unjust enrichment incurred by the owner of the instant land by occupying the instant land from February 1, 2007 to May 1, 2018” to the Plaintiff on April 27, 2018, and granted the right of representation to the Plaintiff regarding the notification of assignment of claims.

5) On December 12, 2018, the Plaintiff notified the Defendants that his claim would be transferred on behalf of the transferor P, as described in the foregoing paragraph 4, on behalf of the transferor, and the said briefs reached the Defendants around that time.

B. 1) Of the instant land, the attached appraisal of the instant land is a single-story house (hereinafter “instant building”) on the ground of 94 square meters inboard part (A) and on the land of this case.

(ii)This part of paragraph (b) is located on the ground of 9m2 in a ship with a panel of housing located on the (c) part, 5.90m in length and 0.65m in width, and the remainder of the land excluding (a) and (b) part of the instant land is being used as the marina of the above single-story house. 2) The instant building is registered in the registry as “Iju City H ground cement machine and 46.28m28m in a single-story house”.

L completed the registration of preservation of ownership of the instant building on June 5, 1985, and L was deceased on March 23, 2008, and Defendant C, children of the spouse, Defendant C, D, E, F, and G’s property.

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