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(영문) 대전지방법원 2019.10.10 2018가단207677
건물등철거
Text

1. The Plaintiff:

A. Defendant B removes the real estate indicated in the list of annexed Table 1 with K 361 square meters above Sejong Special Self-Governing City.

Reasons

1. Basic facts

A. The Plaintiff is the owner of K 361 square meters in Sejong Special Self-Governing City, and of 231 square meters in L forest.

(hereinafter) In succession, “the instant building Nos. 1 and 2” was newly constructed and used by the network M (hereinafter “the instant building”). The real estate listed in the separate sheet No. 1 on each of the instant land (hereinafter “the instant building”) and the separate sheet No. 2 attached thereto are indicated as indicated in the separate sheet No. 15, 16, 17, 12, 18, 13, and 15, and the unregistered building on the ground attached thereto (hereinafter “the instant building No. 2”); the Plaintiff, together with the instant building No. 1, occupied and used the instant building by constructing a new building and using the unregistered building on the ground (hereinafter “each of the instant buildings”). The Plaintiff has received rent for the land from the Deceased.

B. The deceased died on March 9, 2005 and died on his spouse N (the deceased died on May 1, 2008) and his child B, D, E, F, G, and Non-PartyO (the spouse’s spouse’s child H, Defendant I, and J) and P (the deceased’s unmarried death on January 29, 1967). The deceased died on November 13, 1992, and thereafter, the deceased’s inherited property was jointly inherited by the Defendants upon the death of N andO.

C. Defendant B, on March 21, 2019, completed registration of initial ownership solely with respect to the instant building No. 1.

[Ground of Recognition] Facts without dispute, entry and video of Gap evidence 1 through 10 (including each number in the case of additional numbers), the result of each entrustment to the three branch offices of the Korea Land Information Corporation of this Court for appraisal, the purport of the whole pleadings

2. The fact that the Plaintiff leased each of the instant lands owned by the Plaintiff to the Deceased, that Defendant B owned the instant building No. 1, and that the instant building No. 2 was unregistered for the Deceased, and that the Defendants jointly inherited the Deceased. As seen earlier, it is apparent that the duplicate of the complaint of this case, on May 31, 2018, stating the Plaintiff’s declaration of intent to terminate the lease agreement on each of the instant lands, was served on the Defendants on the last day.

According to the above facts of recognition, this case is examined.

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