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(영문) 대구지방법원경주지원 2015.08.25 2014가단4784
토지인도 등
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 the ground of 139m2 (hereinafter “instant land”), at the time of racing, there were 20.82m2 square meters of the instant previous housing (hereinafter “instant previous housing”). D purchased the instant land and previous housing on May 7, 1996, and completed the registration of ownership transfer as to the instant land and previous housing on June 10, 1996.

The date of the transfer registration of the owner is as follows: (a) a successful bid is awarded due to a compulsory auction conducted on April 24, 2001 as of June 10, 1996 as of May 7, 1996 after the date of the transfer registration of the owner; (b) a successful bid is awarded due to a compulsory auction conducted on April 24, 2001 as of March 31, 2003; and (c) a sale by voluntary auction conducted on September 23, 2011 as of September 21, 201.

B. The details of the change of ownership of the instant land are as listed below.

다. 현재 이 사건 종전 주택은 멸실된 상태이고, 이 사건 토지 중 별지 도면 12, 3, 4, 13, 14, 12의 각 점을 차례로 연결한 선내 ㈎ 부분 36㎡ 지상에 아스팔트싱글지붕 단층 주택(이하 ‘이 사건 주택’이라고 하다)이 신축되어 있다. 라.

The instant house is unregistered as an unregistered building, and currently F is residing in the above house, and the defendant is not residing in the above house.

【Reason for Recognition】 Each description of evidence Nos. 1, 2-1, 2, 3, and 4, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion is the owner of the instant house, who purchased the instant land from E around March 2003, as D's Republic of Korea, and removed the instant previous house, and newly built the instant house on that job.

Even if the Defendant did not construct the instant house, the Defendant purchased the instant land and acquired the instant house from Manman D, thereby having de facto right to dispose of the instant house.

Since the Defendant occupied and used the instant land owned by the Plaintiff without title as the owner or de facto disposal authority of the instant house, the instant house is owned by the Plaintiff.

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