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(영문) 전주지방법원 2019.05.03 2018가단727
토지인도 등
Text

1. The Defendants are to the Plaintiff.

(a) a building set out in No. 2 of the same list established on the ground of the land set out in Appendix 1 List;

Reasons

1. Basic facts

A. The ownership transfer registration is completed with respect to 24/48 shares out of the instant land on December 31, 1985, as indicated in Appendix 1 List 1 (hereinafter “instant land”). G completed the ownership transfer registration with respect to 8/48 shares out of the instant land on April 19, 1989 and 2/48 shares out of the instant land on November 27, 1993.

3) H completed the registration of ownership transfer as to 4/48 shares out of the instant land on April 19, 1989, and 4/48 shares out of the instant land on November 27, 1993, respectively. 4) I completed the registration of ownership transfer as to 6/48 shares out of the instant land on April 19, 1989.

5) On March 3, 2016, F, H, and I filed a request for auction for the partition of co-owned property on the instant land. 6) The Plaintiff acquired the ownership of the said land in the auction procedure on November 17, 2016.

B. On July 4, 1990, G obtained a building permit for the instant building on the ground of the instant land, and registered the instant building on March 30, 1991 as the owner of the instant building on April 1, 1991. G died on June 15, 201, and the Defendants inherited G’s property at the ratio of 1/3 shares, respectively.

[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. Determination of removal of buildings and request for delivery of land

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to remove the building of this case and deliver the land of this case to the plaintiff, who is the owner of the land of this case seeking removal of the building of this case and delivery of the land of this case by claiming removal of interference based on ownership

B. As to the Defendants’ assertion, around April 1, 1991, G, F, H, and I had a sectionally owned co-ownership relation to the instant land.

. Co-owners;

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