logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.07.09 2019가단5211
건물철거
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 9, 1979, Non-party D completed the registration of ownership transfer on the ground of sale on February 3, 1971, with respect to the land of 268 square meters (hereinafter “instant land”).

B. On November 28, 2017, the Plaintiff, as the deceased D’s children, completed the registration of ownership transfer based on inheritance by consultation and division on August 11, 2017 with respect to the instant land.

C. On May 23, 1973, the Defendant completed the registration of preservation of ownership as to the non-story house 264 Hobbes and coagus 264bbes (hereinafter “the instant house”).

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

2. Judgment on the Defendant’s main defense

A. As to the Plaintiff’s claim seeking removal of the instant housing, the Defendant’s principal safety defense, as to this case’s claim, has been adjusted to the effect that “if the Plaintiff pays KRW 2 million to the Defendant by November 30, 2018, the Defendant shall implement the procedure for ownership transfer registration for the instant housing on November 30, 2018,” the instant lawsuit is unlawful against the res judicata, and thus, the instant lawsuit is deemed unlawful against the res judicata.

B. According to the evidence Nos. (1) through (3) of the judgment, the Plaintiff filed a claim with the Suwon District Court for the payment of KRW 200,000,00 with respect to the instant housing on March 30, 198, by asserting that “the deceased D newly built the instant housing with the Defendant’s housing funds support, and the Defendant repaid all the funds provided on or around March 30, 198.” The Plaintiff filed a claim with the Defendant to implement the procedure for the registration of ownership transfer on or around March 30, 198 with respect to the instant housing, and ② the Suwon District Court around October 8, 2018.

On November 30, 2018, the Defendant received the said money from the Plaintiff immediately.

arrow