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(영문) 대구지방법원 2015.10.15 2015나4106
가옥명도
Text

1. All appeals by the Defendant (Appointeds) are dismissed.

2. The costs of appeal are assessed against the Defendant (Appointed Party).

Reasons

1. Determination on the cause of the claim

A. The facts of recognition are as follows: (a) an unregistered building not registered (hereinafter “the instant house”) on the ground of approximately 50 square meters on the part “A”, which was connected in order to each point of the attached Form 1, 2, 3, 4, and 1, among the 408 square meters of land owned by the Plaintiff in Cheongbuk-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

2) On October 20, 2003, K, residing in the instant house, sold the instant house to the Plaintiff for KRW 4 million and received the price in full. At the time, the Plaintiff and K agreed to reside in the instant house without rent until K is alive and deliver the instant house at the time of death.

3) On June 7, 2012, K died on June 7, 2012. At the time, K’s heir was the Defendant, Selection E, Co-Defendant D of the first instance trial, and the deceased’s child, F, G, H, and I of L (Death, March 8, 2002). [In the absence of any dispute over the grounds for recognition, the each entry of Gap’s evidence Nos. 1 and 2, the testimony of the witness M of the first instance trial, and the purport of the entire pleadings.

B. According to the facts of the above recognition, K’s obligation to deliver the instant house upon the death of K has come to the due date, and its obligation shall be deemed to have been inherited to the Defendants, designated parties, and Defendant D of the first instance trial. The inheritance portion of the heir’s property of the deceased is the same as that indicated in the attached “share in inheritance.” Thus, the Defendants and the designated parties are obligated to deliver each of their respective shares indicated in the attached “Share in inheritance” to the Plaintiff.

The delivery obligation of the Defendants and the designated parties constitutes an indivisible obligation in its nature because it is impossible to perform or execute each share. However, the Plaintiff is seeking performance based on the inheritance share.

2. Judgment on the defendants' assertion

A. First, the Defendants purchased the instant house from M around 1996 from M and resided in K, and K is not only the owner of the instant house but also the owner of the instant house.

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