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(영문) 전주지방법원 2017.07.14 2016가단17158
건물등철거
Text

1. The Plaintiff:

A. Defendant C points out 1 to 11, and 1 of the attached Form No. 8 of the 4th G forest in the Jeonju-gun of North Korea.

Reasons

1. Basic facts

A. The Plaintiff is the owner who completed the registration of transfer of ownership on the ground of sale on December 20, 1972, No. 26522, No. 26522, which was received on December 20, 1972, with respect to the 8 YY G forest in Jeonju-gun (hereinafter “instant land”).

B. The net H owned one unit of the instant building (hereinafter “instant building”) on the part (A) of the instant building, which connects the points of 1 to 11, and 1, in turn, among the instant land, on the top of 81 square meters in size.

C. On May 19, 2015, the network H succeeded to Defendant B, I, and Defendant E and F [C]’s children of the network H’s child networkJ (Death on April 9, 1988) according to their respective inheritance shares.

On the other hand, Defendant C occupies the instant building.

[Reasons for Recognition] The entry of Gap 1 to 3 (including paper numbers), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, Defendant B, D, E, and F are obligated to remove the instant building according to the shares of inheritance to the Defendant and deliver the occupied part of the instant land to the Defendant, and Defendant C is obligated to leave the instant building.

B. Defendant B asserts to the effect that, although he purchased the site of the instant building, he was living for more than 50 years, he did not complete the registration of ownership transfer.

However, there is no evidence to acknowledge Defendant B’s assertion, and Defendant K’s assertion is without merit.

3. Conclusion, the claim of this case is accepted on the ground of the reasons.

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