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(영문) 광주지방법원 순천지원 2017.02.09 2016가단71925
건물철거 등
Text

1. Of the real estate, the Plaintiff (Counterclaim Defendant), D, A, and E among the real estate listed in the separate sheet No. 1, shares in 10/55, respectively.

Reasons

1. Basic facts (the principal lawsuit and counterclaim shall be deemed to be filed together);

A. The real estate No. 1. The attached list No. 1 (hereinafter “instant land”) was owned by the network K.

On October 24, 1982, the network K died, and completed the registration of transfer of ownership on the land of this case on February 15, 2006, for L and the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) C, D, A, and E, their successors.

(L 3/11 Shares, Plaintiffs C, D, A, and E respective 2/11 Shares) After the death of L on June 22, 2008, Plaintiff B, F, G, H, and I inherited 3/11 of the inheritance shares of L out of the land of this case, respectively.

(A) The plaintiffs' final inheritance shares are 10/55 respectively, and the plaintiffs B, F, G, H, and I are 3/55 respectively.

B. The deceased M, the father of the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) resided in a Buddhist house located in the instant land from around 1965, and around 1974, he improved it to the real estate (hereinafter “instant building”) No. 2. Around 1974, he received government support, and obtained approval for use from the leisure time.

(However, the approval date of use on the building management ledger was entered retroactively in 1965, and it was not entered in the real estate registration ledger). The network M continues to reside in the building of this case with children including the defendant and N (the defendant's punishment).

In 1996, death occurred.

C. On February 3, 2005, N completed the registration of initial ownership relating to the instant building. On January 25, 2016, N completed the registration of ownership transfer based on donations to the Defendant.

The Defendant repaired the instant building around February 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 8, Eul evidence Nos. 7, 10, 16, and video (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the principal claim, the defendant owned the house of this case and is the site.

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