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(영문) 광주지방법원순천지원 2020.08.12 2019가단2043
토지인도 등
Text

1. Defendant B, C, D, E, F, G, H, I, and J jointly with the Plaintiff:

(a) 2,249,000 won and this decision;

Reasons

1. Facts of recognition;

A. M newly constructed a building listed in the annexed Table 2 (hereinafter “instant building”) on the land listed in the annexed Table 1 (hereinafter “instant land”) in the annexed sheet No. 1 at the time of the non-date date and original acquisition of the ownership thereof.

Since then M died on March 30, 1992.

B. The instant land was originally owned by N, and on May 16, 201, the Plaintiff was awarded a successful bid for the said land during the compulsory auction procedure on the instant land.

C. At the time when the Plaintiff was awarded a successful bid for the instant land, Defendant B, C, D, E, F, G, H, I, and J (hereinafter “Defendant B, etc.”) shared the instant building due to inheritance.

Since then, N (Death on May 12, 2014) andO (Death on June 15, 2017) died, Defendant B, the heir of N,O, and M, shared the instant building as indicated in the attached shares, and Defendant K occupied and used the instant building as of the date of closing argument of the instant case.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. Determination as to the request for the removal of the building and for the delivery of the land to Defendant B, etc., and the request for the removal of the building to Defendant K

A. According to the above facts of determination as to the cause of the claim, barring special circumstances, there is room to view that Defendant K has the duty to remove the instant building and deliver the instant land to the Plaintiff, the owner of the instant land, and Defendant B has the duty to leave the instant building.

B. The summary of the Defendants’ defense 1) The Defendant B, etc., for which the period of prescription for the acquisition of possession had been completed, from 1995, which was the birth of the network N, occupied, used, and profited from the instant land and buildings until then. Defendant B, etc. occupied the instant land and buildings after May 16, 201, which the Plaintiff acquired ownership through auction. Defendant B, etc. occupied the instant land and buildings around 2015 when 2015 passed since 1995.

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