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(영문) 인천지방법원 2018.05.15 2016가단248089
건물철거 및 토지인도
Text

1. The Defendant (Counterclaim Plaintiff) B and C

(a) remove the buildings listed in the annex 1 list; and

B. Attached 2.

Reasons

1. Basic facts

A. The land listed in the attached Table 2 List (hereinafter “instant land”) was owned by E. The F borrowed the said land under the name of G on March 11, 1985, purchased the said land and received the transfer of ownership registration in G following the following day.

B. However, as the Act on the Registration of Real Estate under Actual Titleholder’s Name was promulgated, F terminated the title trust agreement with G on May 10, 1996, and on June 18, 1996, F completed the registration of ownership transfer for reasons of such termination.

C. After that, on September 26, 201, F donated the instant land to Plaintiff B and C, who are children, and the said Plaintiffs completed the registration of ownership transfer on the said land on October 5, 201.

The F died on June 1, 2014 (hereinafter referred to as “the deceased”), and his heir made an agreement on the division of inherited property with the content that the deceased’s wife would vest all the inherited property to A.

E. Meanwhile, on March 20, 1971, the Defendant newly constructed a building listed in the attached Table 1 list (hereinafter “instant building”) on the instant land (However, registration of preservation of ownership has been completed on August 3, 1990) and used the said land for the purpose of building site or cultivation until then.

F. The current status of the land rent in this case is as follows.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 7 (including branch numbers for those with a branch number), the result of the commission of appraisal to H by this court, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. (i) The instant land is owned by Plaintiff B and C, and the Defendant occupied the instant land on the ground while owning the instant building on that ground, thereby hindering the said Plaintiffs’ ownership.

Therefore, unless there are special circumstances, the defendant is obligated to remove the building of this case to the plaintiff B and C and deliver the land of this case.

① Money to be paid to Plaintiff A: The sum of the key rent in sequence 1 through 5 in the table of basic facts, 20,455.

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