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(영문) 광주지방법원 2016.01.19 2014가단19009
건물명도
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. The facts subsequent to the facts of recognition are either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2, 5, 8, 9, and evidence Nos. 4-1, 4-2, and the whole purport of the pleadings. A.

On December 31, 1974, the network C completed the registration of ownership transfer on the 30th day of the same month with respect to the 4,661 square meters of D Forest land in Gwangju Northern-gu prior to the division.

In around 1970, the network C newly built buildings listed in the attached list on the above forest land (hereinafter referred to as “instant building”).

After that, on April 29, 1993, E/ 185 square meters of forest land and 298 square meters of forest land were divided on October 31, 1996 and the registration of division was completed.

B. On September 2, 2002, the Plaintiff, G, H, I, and J purchased a 4,178 square meters of D forest land in Gwangju Northern-gu (hereinafter “the instant forest”) and completed the registration of ownership transfer after dividing it from GJ around September 2, 2002. At the time of the purchase, they purchased the instant building, which was unregistered on the said ground at the time of the purchase.

C. The Defendant currently occupies the instant building. D.

K died on March 1, 1977, and C, his wife, died on April 8, 2009, and K and C have children, Defendant, G (the mother of the Plaintiff), L, M, N, andO.

2. Determination

A. According to the above facts, the defendant who occupies the building of this case, barring any special circumstance, has a duty to deliver the building of this case to the plaintiff, seeking subrogation of the deceased C's heir, who purchased the building of this case from deceased C, the owner of the building of this case.

B. As to this, the Defendant asserts to the effect that the Defendant has the right to occupy the building of this case since, around October 15, 1975, the Dong K, the original owner of the forest land and building of this case donated the forest land and building of this case to the Defendant in consultation with the Dong C around October 1975.

The following circumstances, i.e., the facts acknowledged earlier and the purport of the entire pleadings, are as follows. ① The registration of ownership transfer has already been completed before K dies with respect to the forest of this case.

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