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(영문) 창원지방법원 2021.01.15 2019가단116552
건물명도(인도)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff and the defendant are siblings.

B. The Plaintiff and the Defendant’s attached C owned the land and buildings indicated in the attached Form, and died on September 25, 2002.

(c)

After the death of C, the land listed in the Attached Table 1 as the receipt No. 103727, Nov. 19, 2008 by Changwon District Court, Kimhae registry office, was registered as owned by the Plaintiff solely by inheritance by division on September 25, 2002. Buildings listed in the Attached Table 2, which were constructed on the ground under the Attached Table 103728 on the same day of receipt by the same registry office, were registered as owned by the Plaintiff. The land listed in the Attached Table 2, which was constructed on the ground and was unregistered on the ground, was completed the registration of ownership preservation in the name of the Plaintiff (hereinafter referred to as the “land of this case” and the building listed in the Attached Table 1 and attached Table 2, and the said land and building collectively referred to as the “real estate of this case”).

After the death of C, the Defendant resided as the mother-friendly D in the instant building, and D died on November 5, 2009.

The defendant continues to reside in the building of this case after the mother's death.

E. The instant real property is the only inherited property of the deceased C, the network D.

【Unfounded Grounds for Recognition】 Each entry in Gap evidence Nos. 1 and 2 (including various numbers; hereinafter the same shall apply), and the purport of the whole pleadings

2. The assertion and judgment

A. On November 19, 2008, children of the network C including the Plaintiff and the Defendant agreed on the division of inherited property with the purport that the instant real estate shall be owned solely by the Plaintiff, and registered ownership of the instant real estate in the name of the Plaintiff.

The relationship between the Plaintiff and the Defendant was established by requesting the management of the instant real estate by requesting the Defendant, who is the dynamics after the death of the network D and allowing the Defendant to use and benefit from the instant real estate without compensation due to the relationship residing in the territorial sea of the border.

In doing so, the defendant continued to break down and extend or rebuild part of the building of this case without the plaintiff's prior consent or consent.

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