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1. Defendant B:
(a) remove the buildings listed in paragraph 2 of the attached list, and each of them listed in paragraph 1 of the attached list.
Reasons
1. Basic facts
A. The deceased H (hereinafter “the deceased”) died on December 30, 2008. The Plaintiff is the mother of the deceased, the Defendant C, E, F, and G’s children.
B. On April 1, 1976, the Plaintiff was divided into I land and M land on March 27, 2017, and the area of I land was changed to 595 square meters.
Land below I refers to the land after division.
(hereinafter referred to as the “J” in the indication of land, and purchase the land of each case listed in paragraph (1) of the attached Table 337 square meters (hereinafter referred to as the “each land of this case”) in K, Jincheon-gun, Chungcheongnam-do, and the same year.
5. 27. Completion of the registration of ownership transfer concerning each of the above lands.
C. On January 20, 1987, the Deceased newly constructed a reinforced concrete structure, slive facility, and store (attached Form No. 2; hereinafter “instant building”) on each of the instant land and the land owned by the Deceased, on the ground of the L/L owned by the deceased, and completed the registration of initial ownership.
After the deceased’s death on March 3, 2009, the registration of the transfer of ownership in the name of the Defendants was completed due to inheritance on December 30, 2008, and on August 6, 2014, the registration of the change of ownership in the name of the Defendant B was completed due to inheritance on the instant building on July 23, 2014.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 6 and 12 (including each number, hereinafter the same shall apply), the purport of the whole pleadings
2. The assertion;
A. Plaintiff 1) The Plaintiff loaned KRW 87,500,000 to the Deceased on February 4, 2008, and KRW 87,500,000,000 on a total of KRW 17,50,000 on the same month and KRW 17,50,000 on the same month, and the Deceased died during his failure to repay the above loan. As such, the Defendants succeeded to the Defendant’s above loan obligations against the Deceased in proportion to the percentage of statutory inheritance. Therefore, the Defendant B, who is the wife of the Deceased (=863,638,638), who is the deceased, succeeded to the Plaintiff at the ratio of statutory inheritance. Accordingly, the Defendant B, who is the wife of the Deceased, was KRW 87,50,00 (=87,500,000) x 2/11 and each of the above money.