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(영문) 춘천지방법원영월지원 2014.06.25 2012가단2724
토지인도 등
Text

1. For the plaintiffs:

A. Defendant F removed each of the buildings listed in the attached Table H on the ground of the Gangwon-gu Military of the Republic of Korea, and the part.

Reasons

1. Determination as to the cause of claim

A. 1) The facts of recognition are as follows: (a) 1,336 square meters (hereinafter “instant land”) prior to H in the Young-gun, Gangwon-gun, Gangwon-do.

) Among each building listed in the separate list on the instant land and each of the buildings listed in the table on the instant land, a wooden flag and a branch roof house (hereinafter referred to as “instant house”).

) The deceased father I was owned by the deceased father I, and after I died in around 1950, A inherited the instant land and the instant housing, sold it to J around February 1968 (the plaintiff asserted that the instant housing was leased to J's birth K, but there is no evidence to acknowledge it.

(2) On September 4, 1996, J completed the registration of initial ownership on the instant land on August 18, 1983, and completed the registration of initial ownership on September 4, 1996 as to each of the instant and the instant buildings listed in the separate sheet, and completed the registration of initial ownership on September 3, 1996 with Defendant F for sale and purchase on the same day. As for the instant housing and the instant annexed buildings, Defendant G’s mother is residing in Defendant G.

3) A around October 31, 1996, around October 31, 1996, notified Defendant F to remove the instant appurtenant building and enter into a lease agreement on the instant land. Defendant F, on November 6, 1996, notified Defendant F that he would be unable to remove the instant appurtenant building, but would be able to enter into a lease agreement or pay land usage fees. However, A did not comply with the agreement. A died during the instant lawsuit, and the Plaintiffs, who were the siblings, jointly inherited the instant land.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 4, Gap evidence 1 to 5, Eul evidence 1 to 5, Eul witness's testimony, the purport of whole pleadings

B. According to the above facts of recognition, Defendant F owned the instant housing and its appurtenant building on the instant land and occupied the said land, and Defendant G occupied the instant housing and its appurtenant building. As such, special circumstances exist.

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