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(영문) 수원지방법원여주지원 2020.01.14 2019가단2751
건물철거 및 토지인도
Text

1. The defendant shall be the plaintiff.

A. Of the area of 443 square meters in Gyeonggi-gun, each point of the attached Form 1 to 10, and 1 shall be in sequence.

Reasons

In fact, on December 31, 1974, the network D, the defendant's acquisition of the network D's land ownership and the new construction of a building (hereinafter "the network D") completed the registration of ownership transfer on the land of this case, and around that time the building was newly built on the land of this case.

The change of the owner of the land of this case and the acquisition of the Plaintiff’s ownership shall be awarded the land of this case in the procedure of compulsory auction on June 7, 1995, and completed the registration of ownership transfer on September 4, 1995.

The FF purchased the instant land from E on December 28, 2018, and completed the registration of ownership transfer on January 24, 2019.

The Plaintiff purchased the instant land from F on January 25, 2019, and completed the registration of ownership transfer on February 18, 2019.

In around 2017, the deceased died, and his heir is the defendant, G and H, who is his child.

At present, the defendant raises a few chickenss in some space of the building of this case.

The building of this case is unregistered until now.

[Ground of recognition] A without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence and Eul evidence Nos. 1 through 3, and the result of this court’s measurement and appraisal commission to the chief of the Korea Land Information Corporation, the purport of the whole pleadings is as follows: plaintiff 1, the defendant owned the building of this case without any title on the land of this case owned by the plaintiff, and thus, the plaintiff 1 is obligated to remove the building and deliver the part on the site.

② As alleged by the Defendant, even if the deceased or the Defendant acquired statutory superficies under customary law, as long as the instant building is a wooden building, the term of the statutory superficies is 15 years, and the said statutory superficies was extinguished.

① The Defendant first succeeded to only 1/3 shares of the instant building from the Deceased, and thus, the part in the Plaintiff’s claim deviates from the scope of inheritance shares is without merit.

② As to the instant building site, the Deceased shall own the said building.

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