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(영문) 인천지방법원 2016.06.16 2015가단217934
토지인도
Text

1. The defendant (Counterclaim plaintiff) shall deliver to the plaintiff (Counterclaim defendant) each real estate listed in the separate sheet.

2...

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

The following facts are not disputed between the parties, or may be admitted in each entry in Gap evidence 1 through 6 (including a branch number), by integrating the whole purport of the pleadings:

The parties to the deceased C (Death on October 1, 2008) and the defendant are children of the deceased D (Death on January 21, 2015), and the plaintiff is children of the deceased C.

(b) The acquisition and inheritance of real estate 1) each of the real estate listed in the separate sheet (hereinafter referred to as the “instant real estate”) shall be incorporated.

On April 1, 1999, in the auction procedure for the exercise of the right, the registration of the Incheon District Court and the registration of ownership transfer was made to the deceased C pursuant to Article 30543 on the ground of the successful bid in the auction procedure for the exercise of the right. Since that time, the deceased C resided in the real estate of this case with E and his children, the plaintiff and the plaintiff Dong F, who are his spouse, and the plaintiff Dong F. 2) The deceased C resided in the deceased real estate of this case as well as with the Mauritius, the network D and the subsequent wife around June 2003, and E, the plaintiff and the plaintiff who suffered the mental fission at the time were directors at a different location at that time.

3) The deceased on October 1, 2008, and on the instant real estate, the deceased on or around January 16, 2009, the ownership transfer registration was made in the Plaintiff’s future due to inheritance by agreement division. 4) The network D continued to reside in the instant real estate even after the registration of ownership transfer was made in the Plaintiff’s future, and the Defendant occupied the instant real estate on or around February 2014 and resided together with the network D while gathering it.

5 The network D died on January 21, 2015, and the defendant couple currently occupies the real estate of this case.

2. Determination on the main claim

A. According to the above facts of recognition as to the cause of the claim, the plaintiff is presumed to be a legitimate owner after completing the registration of ownership transfer due to the inheritance by a consultation division as to the real estate of this case. Thus, the defendant is obligated to deliver the real estate of this case to the plaintiff,

B. The defendant's assertion

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