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(영문) 대구지방법원 2019.04.24 2016가단32480
건물명도등
Text

1. The Defendants deliver to the Plaintiff the F. 196 square meters F. Dolbuk-gun, and pay each of 81,250 won to the Plaintiff.

2. The plaintiff.

Reasons

1. Basic facts

A. On November 21, 1990, Dong G completed the registration of ownership transfer on the instant land, as to the cement tank and 38.8 square meters of land on the ground of the instant land (hereinafter “registered building”), and completed the registration of ownership transfer on September 14, 1992 on the ground of “the confirmation of partition under the Act on Special Cases Concerning the Partition of Co-Owned Land,” for the instant land.

B. As to the instant land and the registered building, the registration of ownership transfer was completed to H on May 30, 2003, and I on February 27, 2006, respectively.

C. The Plaintiff completed the registration of ownership transfer on June 22, 201 with respect to the instant land and registered buildings.

The net G died on July 24, 2015, and the Defendants are their successors, and the inheritance shares are 1/4.

F. Of the instant land, there is a building not registered on the part, and the land adjacent thereto, etc. in the ship connected with each point of the attached Table 6, 7, 8, 9, 10, 11, 12, 13, 14, and 6, among the instant land.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 4 (including a paper number; hereinafter the same shall apply), result of the measurement and appraisal commission to the Korea Land Information Corporation, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff’s assertion G sold the instant land and the registered building (or the building in question) to H, and on May 26, 2003, the Plaintiff leased the instant land and the registered building (or the building in question) with H set the rent of KRW 150,00 per month and the lease term of KRW 2 years. On June 22, 2011, the Plaintiff succeeded to the said lease relationship as it is while purchasing the instant land and the registered building.

However, the deceased G did not pay rent from May 2015, and died on August 2015, 2015. In addition, the deceased G promised to terminate the above lease contract when the Plaintiff sells the instant land and the registered building to a third party.

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