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(영문) 서울중앙지방법원 2019.01.21 2018가단5039566
건물등철거
Text

1. The Defendants remove the buildings listed in the attached list No. 1 to the Plaintiff, and the land listed in the attached list No. 2.

Reasons

1. Facts of recognition;

A. The registration of ownership transfer was completed on November 4, 198 with respect to the land listed in paragraph (2) of the annexed Table No. 2 (hereinafter “instant land”). Of these, the registration of ownership transfer was completed on August 24, 1990 with respect to the shares of 850/1,343 shares under the name of G, and the remaining 493/1,343 shares was completed on June 21, 1996 under the name of H Co., Ltd. (hereinafter “H”).

B. G newly constructed the building listed in paragraph (1) of the attached Table on the ground of the instant land (hereinafter “instant building”). On January 24, 1992, G completed the registration of ownership preservation on the said building. On October 24, 1997, G completed the registration of ownership transfer for 850/1,343 shares out of the instant land owned by it and for donations on the said building.

C. After that, on January 21, 2003, the registration of ownership transfer in the name of I with respect to 850/1,343 shares out of the instant land was cancelled on February 23, 2007 by the final and conclusive judgment in the previous District Court (hereinafter “related judgment”) for the revocation of fraudulent act on January 21, 2003, and the registration of ownership transfer was completed in the name of J on May 8, 2008, and the registration of ownership transfer was completed on October 15, 2009 (name L after the name was opened). The Plaintiff completed the registration of ownership transfer with respect to the said shares on May 29, 2015.

On the other hand, the deceased I (hereinafter “the deceased”) died on April 8, 2017, and the Plaintiff and the Defendants jointly inherited the instant building.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 6, Eul evidence 2 and 3, the purport of the whole pleadings

2. Determination as to the cause of action

(a) Co-owners of land may seek the delivery of co-owned land owned by another person illegally and the removal of the building on the land as an act of preserving the co-owned land;

(Article 265 of the Civil Act). On the other hand, there is a building regardless of its site.

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