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(영문) 전주지방법원 2016.02.02 2015가단306
건물철거및토지인도
Text

1. The Defendant shall have one-story housing of 39.6 square meters on the ground of 896 square meters of land in Yansan-gu Seoul Special Metropolitan City, Jeonju-si, Seoul Special Metropolitan City.

Reasons

1. Determination as to the cause of claim

A. (1) The registration of preservation of ownership or the registration of ownership transfer was completed with respect to the area of 896 square meters (hereinafter “instant land”) of Yansan-gu Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”).

On September 23, 1920, D. D. 6, 1933, May 17, 193, 193, sale on March 3, 193, 1937, F. 3, 1950, July 22, 197, 197, on the registry of the date of registration for ownership preservation, the owner’s ownership preservation on the registry of the date of registration, was newly built on September 10, 197, on the land of this case by an inheritance on August 4, 2014, by consultation division on September 14, 1983, and around May 5, 195, the Plaintiff (2) newly built a black structure, ice 139 square meters on the instant land (hereinafter “the instant building”).

(3) On August 24, 2010, H died, and there was Plaintiff, K, and L, who is his wife J, children, and Plaintiff, K, and L. However, on April 4, 2014, the Defendant completed the inheritance registration by agreement division as above with respect to the instant land.

(4) On June 18, 1992, the Defendant purchased the instant building from I, and on August 9, 2002, registered the building ledger as the owner of the ownership.

【Facts without dispute over the grounds for recognition, Gap's evidence 1, 2, Eul's evidence 6, the purport of the whole pleadings

B. According to the above facts of recognition, the defendant is obligated to remove the building of this case to the plaintiff who is the owner of the above land, and deliver the above land, unless there is no right to justify the possession of the land of this case due to the ownership of the building of this case.

2. Judgment on the defendant's defense

A. Around May 1955, I purchased the instant land from G and newly built the instant building on the ground.

H completed the registration of ownership transfer with respect to the instant land on September 9, 1983.

The defendant purchased the land and buildings of this case from I on June 18, 1992.

① Since the Defendant succeeded to the possession of the instant land by I on June 18, 1992 and occupied the said land as an intention to own it for twenty (20) years in total, acquisition by prescription was completed as to the said land.

(2)

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