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(영문) 대구지방법원 2017.09.22 2016가단25970
건물인도등
Text

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

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 31, 1981, the ownership transfer registration was completed on August 31, 1981 with respect to shares of 62/7 of 77 square meters in Cheongdo-gun, Cheongdo-gun, Cheongdo-gun (hereinafter “instant land”), and on July 1, 2004, the ownership transfer registration was completed on the ground of sale due to voluntary auction in the Defendant C, a child of the network E.

B. The provisional registration of the right to claim ownership transfer was completed on July 9, 2004 with respect to the shares owned by Defendant C among the instant land, and on November 11, 2009, the principal registration of ownership transfer was completed.

C. On May 6, 2010, the registration of ownership transfer was completed on the F’s share in the instant land on May 6, 2010, and the registration of ownership transfer was completed on April 19, 2016.

In the instant land, unregistered houses (hereinafter “instant houses”) are built on the attached list of unregistered houses that did not obtain building permission on the instant land, and the Defendants occupied and used them.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The instant housing was constructed by the 10th anniversary of the ten years ago, and its ownership was transferred along with the instant land. The Plaintiff also purchased the instant housing along with the instant land from G, the former owner, and acquired its ownership.

Therefore, since the instant house is owned by the Plaintiff, the Defendants are obligated to deliver the instant house to the Plaintiff.

B. The fact that the ownership transfer registration was completed in the Plaintiff’s future through F and G with respect to the shares of 62/7 of the instant land owned by Defendant C, as seen above, is included in the special terms of the real estate sales contract prepared between the Plaintiff and G as to the share of 62/7 of the instant land, but the said circumstance alone is that the Plaintiff acquired the instant house through F and G, through the acquisition of ownership.

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