(영문) 춘천지방법원원주지원 2015.01.20 2014가단5486

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(영문) 춘천지방법원원주지원 2015.01.20 2014가단5486

건물철거 등

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1. Defendant B removed the building indicated in the attached list to the Plaintiff and transferred the site of the building.

2. Defendant C, D,.

Reasons

1. Facts of recognition;

A. The registration of ownership transfer was completed with respect to the Gangwon-do Crossing-gun G and H land (hereinafter “instant land”), and I died on March 24, 201, and the Plaintiff is one of the co-inheritors of I.

B. On March 8, 2006, J newly constructed a building on the instant land as indicated in the order (hereinafter “instant building”) and completed the registration of ownership preservation under its name on March 8, 2006. Upon death on December 29, 2012, Defendant B, one of his inheritors, completed the registration of ownership transfer under the sole name on November 28, 2013 due to an inheritance by agreement division.

C. On the other hand, around January 2013, the Plaintiff: (a) leased approximately KRW 450 square meters, the site for the instant building, to Defendant B, on a yearly basis; (b) from January 2013 to December 31, 2015; (c) Defendant B sold the instant building to K around March 2013; and (d) C succeeded to the status of Defendant B’s lessee under the instant lease agreement with the Plaintiff.

K paid part of the purchase price of the instant building to Defendant B (the full payment of the purchase price was made on November 26, 2014, which was after the closing of the instant argument), but without completing the registration of transfer of ownership as to the instant building up to now, K occupied and used the soil brick tanks and 51.5 square meters of the instant building, together with Defendant C, D, and E, whose parents and mother, for the purpose of maintaining the ownership of the instant building. Defendant F occupied and used the 31.31 square meters of the instant building among the instant buildings.

Among the instant buildings, a wooden flag and a branch roof house of 31.31 square meters was not a house, but used as a stable and toilet.

However, the instant lease agreement states that “K should not repair the said stable and toilet for an absolute residential purpose.”

J, the father of Defendant B, is the father of the Plaintiff, constructing the instant building on the instant land at the recommendation of I, the father of the Plaintiff, and is the I’s farmer.

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