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(영문) 대전지방법원 2016.02.05 2015나102253
건물명도
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claims against the defendants are all dismissed.

3. The defendants are the defendants.

Reasons

1. Basic facts

A. Defendant B is the Plaintiff’s children, Defendant C is the wife of Defendant B, and Defendant D and E are the children of Defendant B.

B. On January 26, 1991, the Plaintiff completed the registration of ownership transfer on the F, F, 377 square meters (hereinafter “instant land”) with respect to the building indicated in the attached list of the instant land (hereinafter “instant building”) on January 26, 1991. Of the instant building, the Plaintiff completed the registration of ownership transfer on the cement block tank and 52.31 square meters with respect to the cement block structure and the pent roof, the main building of the instant building, “instant main building”, and the wooden roof 36.03 square meters with respect to the instant building, which is an appurtenant building, under the name of the Plaintiff on September 5, 1979.

C. Meanwhile, the instant appurtenant building was reconstructed in the vicinity of the date, and its structure was modified to a prefabricated panel building from a wooden roof house, and its size was also altered. Of the instant appurtenant building, the area of the part on the ground of the instant land, among the instant appurtenant buildings, is 44 square meters in the ship connected in sequence 1, 2, 3, 4, 5, 6, 7, and 1, indicated in the annexed drawings.

The Defendants occupied the instant land and buildings. On June 19, 2014, the Plaintiff filed a lawsuit against the Defendants under the Daejeon District Court Seosan Branch of Daejeon District Court 2014Kadan21161 against the Defendants seeking delivery, etc. of the instant land and the instant main building. On October 2, 2014, the said court rendered a judgment on October 2, 2014, stating that “the Defendants shall deliver the instant land and the instant main building to the Plaintiff,” and the said judgment became final and conclusive on October 22, 2014.

E. On June 9, 2015, the Plaintiff’s spouse, as his/her husband and wife, sold the instant land and building to the Intervenor, and completed the registration of ownership transfer under the name of the Intervenor on June 12, 2015.

F. The Plaintiff died on October 10, 2015, when the trial was pending in the trial, and the Plaintiff’s heir is in J and I, who is the Plaintiff’s child other than the Defendant.

[Ground of Recognition] Unsatisfy, Gap Nos. 1, 3, and .

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