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(영문) 대전지방법원 서산지원 2018.07.18 2017가단50459
건물등철거
Text

1. The Plaintiff:

A. As to the portion of 1/6, Defendant B indicated the attached sheet No. 1, 2, 3, among E forest land No. 2,810 square meters in Jin-si.

Reasons

1. Facts of recognition;

A. The deceased F completed the registration of ownership transfer on January 19, 1989 with respect to land of this case on the grounds of sale as of December 30, 198 with respect to E forest land E 2,810 square meters (hereinafter “instant land”). The Plaintiff completed the registration of ownership transfer on July 29, 2012 due to inheritance due to a consultation and division made on July 29, 2012.

On the other hand, on February 2018, the deceased F’s successors agreed to divide the inherited property by devolving the claim for return of unjust enrichment due to the illegal occupation, etc. of the instant land to the Plaintiff.

B. Of the instant land, the same appraisal is constructed on the land of 515 square meters of forests and fields in the ship that connects each point of the attached Table 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 10 and 1 (hereinafter referred to as “land of this case”; the land is used as the site for the instant building that is seen later; and the land is used as the site for the instant building) indicating 11, 12, 13, 14, and 11 each point in sequence and connects each point of the attached Table 1, 2, 3, 4, 5, 6, 7, 8, 9, 100 square meters of land of this case (hereinafter referred to as “instant building”).

C. The deceased G succeeded to the property of the Defendant, H, I, J, K, and L, who is his or her child.

(1/6 of each share in inheritance) d.

Defendant D entered into a sales contract with Defendant B on June 14, 2010, and paid the down payment and intermediate payment to Defendant B, and reside in the instant building together with Defendant C.

[Ground of recognition] Gap evidence Nos. 1 through 11, Eul evidence Nos. 1 (including paper numbers), the result of a request for surveying and appraisal to the Director of the Korea Land Information Corporation, the result of fact inquiry about M pages, the purport of the whole pleadings

2. Claim against the defendant B

A. Since there is no dispute that the net G actually has a disposition against the instant building, Defendant B, the heir of the deceased G, in addition to the above facts, did not have any special circumstances as to the 1/6 share of the inheritance shares.

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