(영문) 청주지방법원 2018.01.25 2017가단10756

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(영문) 청주지방법원 2018.01.25 2017가단10756

소유권확인 및 손해배상

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1. The part concerning the claim for confirmation of ownership among the instant lawsuit is dismissed.

2. The remainder of the plaintiffs (appointed parties) and the designated parties.

Reasons

1. Facts of recognition;

A. In around 1950, the deceased C, the father of the plaintiffs, newly constructed the first real estate and the second real estate of this case on the ground of the D (hereinafter “the instant site”) and E (hereinafter “the instant E site”) around 1950, respectively, and has been managed as the legal basis until the death of 1999.

B. On September 4, 1972, the Plaintiff (Appointed Party) acquired the ownership of the instant D site. The auction was conducted on the said site, and was awarded to F on July 25, 2002. The Defendant and G purchased the said site from F and completed the registration of ownership transfer on April 29, 2005. The Defendant again acquired the shares of G and completed the registration of ownership transfer on June 28, 2005.

C. In addition, the instant E site was donated by the Plaintiff (Appointed)’s son on April 13, 2005, and the Plaintiff sold it to the Defendant and G on his behalf, and the Defendant and G completed the registration of ownership transfer on their behalf on May 17, 2005, and the Defendant purchased the shares of G again and completed the registration of ownership transfer on June 28, 2005.

At the time of the purchase of the instant land D and the instant land E, the Defendant also acquired the instant real estate and the right to the instant real estate 1 and the instant real estate 2 from the inheritors, including the Plaintiff (Appointeds). Since then, the part of each of the instant buildings was repaired, and the new building was newly built and registered in each building register.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 4 (including each number), the purport of the whole pleadings

2. The plaintiffs' assertion No. 1 and the real estate No. 2 in the separate sheet No. 2 of the plaintiffs' assertion (hereinafter "the second real estate of this case") are the buildings newly constructed by the deceased who is the father of the plaintiffs. As C dies on August 10, 199, the plaintiffs inherited the ownership of the first and second real estate of this case.

The Plaintiffs are the Defendant of the instant real estate No. 1.

유사 판례

-대전고법 1993. 3. 30. 선고 92나1290,1306(병합) 제1민사부판결 : 확정

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