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(영문) 의정부지방법원 2021.01.19 2019가단127580
건물등철거
Text

1. The Defendant shall have a 72.78 square meters roof of Gyeonggi-do E-gun, Gyeonggi-do, 501 square meters above ground bricks, and 72.78 square meters.

Reasons

1. Facts of recognition;

A. The Plaintiff’s mother F, the owner of the instant land, around October 1996, set and leased the instant land as KRW 1 to 300,000 (hereinafter “the instant lease agreement”). B. G constructed the instant housing on the instant land and completed the completion inspection on August 6, 1997, and completed the registration of ownership preservation on August 197, 197, and thereafter resided in the instant housing.

(c)

The Defendant acquired the ownership of the instant house after purchasing the instant house on July 10, 2012 at a voluntary auction procedure commenced by the Korea Housing and Commercial Bank which established a collateral security on the instant house.

(d)

The F died on December 3, 2012.

On December 3, 2012, the Plaintiff completed the registration of transfer of ownership of the instant land on October 17, 2014 due to inheritance by division of agreement.

E. As above, G continued to reside in the instant housing even after the Plaintiff acquired the ownership of the instant housing and the Plaintiff acquired the ownership of the instant land.

F. Since 2015, C, who is the son of G, had resided in the instant house in order to nurse G, and continued to reside in the instant house even after G died on November 2016.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 and 2, Eul's testimony, and the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Defendant owned the instant house, and thus, owned 72.78 square meters of the instant land, which is the relevant site (hereinafter “instant site”).

possession.

I would like to say.

Therefore, barring special circumstances, the Plaintiff may seek against the Defendant for the removal of the instant house, the delivery of the instant site, and the return of unjust gains due to the possession of the instant site, based on the right to claim the exclusion of interference with the ownership based on the ownership.

I would like to say.

The plaintiff.

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