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(영문) 수원지방법원평택지원 2019.04.09 2018가단3477
건물 철거 및 토지 인도등 청구의 소
Text

1. The Defendant connects the Plaintiff with each point of the attached drawings 1, 2, 3, 4, and 1 among the land size of 595 square meters in Ansan-si.

Reasons

1. Basic facts

A. On November 20, 2008, the Plaintiff completed the registration of ownership transfer on the ground of the sale on November 13, 2008, from Nonparty D (the transfer registration on December 3, 1975) with respect to the land of this case (hereinafter “instant land”).

B. On February 14, 2003, the Defendant completed the registration of transfer of ownership on the ground of donation from the Plaintiff’s husband F (Marriage on April 11, 1992, and the registration of transfer on March 28, 1975) with respect to E large-258 square meters adjacent to the instant land.

C. The above land owned by the Defendant and the instant land are constructed with an unauthorized warehouse used for agriculture (hereinafter “instant warehouse”). The attached Form 1 “A” portion of 37 square meters (hereinafter “the instant flooded part”) is against the instant land.

F was killed on June 2018, and the heir appeared to have H, I (J prior to the name of the former wife), K, L, M, N, etc. even with the exception of the defendant and G (193). They are under the lawsuit against the defendant and G in the Seoul Northern District Court.

E. As a result of the assessment of clinical fees on the part of the instant crime, the total amount of rent from November 20, 2008 to October 20, 2017 is KRW 1,874,760, and the monthly rent from November 16, 2018 to the closing of argument is KRW 17,110.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 6 (including paper numbers) and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff, whether the warehouse of this case is owned solely by the defendant or inherited property, asserts that the defendant, on February 14, 2003, donated the E site, which is the warehouse of this case, from the husband's net F, that the above ground building was naturally donated.

On March 2018, there is a confirmation (A3) that the defendant made it to the effect that "the main owner of the warehouse of this case is the her husband (the deceased F). It was sold at the disclosure price or at the law, or was defective as the law."

However, according to the O's factual confirmation (A)(3), the warehouse of this case is 195.

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