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(영문) 인천지방법원 2019.08.22 2017나67769
건물등철거
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. K 11 years (1936) in the copy of the real estate register of H 840 square meters in Kimpo-si (hereinafter “instant land”)

2.6. It is written that L, on June 8, 1963, due to inheritance, I acquired the ownership of each of the instant lands in succession by reason of sale on May 17, 1963.

On July 19, 2005, the Plaintiff, a spouse of I, completed the registration of ownership transfer on the instant land on December 19, 2005 on the grounds of inheritance by consultation and division.

B. Around 1961, J, the father of the Defendants, was the sole part of I and built a building stated in the purport of the claim on the ground of the instant land (hereinafter “instant building”).

J died on October 21, 2010, and the Defendants are their successors.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3, Gap evidence 4, Eul evidence 1, the whole purport of oral argument

2. If the registration of ownership transfer is made in the real estate register with respect to the cause of the claim, the procedure and cause shall be presumed to be legitimate, and the party asserting that the cause is unfair shall prove

(see, e.g., Supreme Court Decision 2016Da27825, Oct. 31, 2017). In light of the foregoing legal doctrine, it is presumed that I and the Plaintiff’s transfer of ownership is completed by legitimate procedures and causes.

It is insufficient to recognize that each of the above registrations of ownership transfer was completed by unfair procedures and causes only with the descriptions of the evidence Nos. 1, 2, 4, and 7 of the evidence Nos. 4 through 7, and there is no other evidence to prove otherwise.

Therefore, I is the legitimate owner who acquired the land of this case through sale and purchase around June 8, 1963, and the plaintiff who succeeded to the land of this case from I is also the legitimate owner.

According to the facts acknowledged above, J newly constructed the instant building and original acquisition of its ownership, and the Defendants were the successors of J as the successors.

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