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(영문) 광주지방법원목포지원 2016.10.05 2015가단8269
토지인도 등
Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. On February 5, 1973, the Plaintiff asserted that he purchased the forest of this case and acquired its ownership. The Defendants are the inheritors of the network I (hereinafter “the deceased”) who occupied and used the instant housing and warehouse. Since the deceased died on May 5, 1994, the Defendants did not remove the instant housing and warehouse inherited from the deceased, and thereby interfere with the Plaintiff’s exercise of ownership as to the instant forest.

Therefore, the Defendants have a duty to remove the instant housing and warehouse, respectively, to the Plaintiff with respect to the share of inheritance of the instant housing and warehouse from the deceased, and to deliver each of the instant forest and warehouse possessed by the instant housing and warehouse.

2. The judgment of the plaintiff purchased the forest land of this case from J on February 5, 1973 and completed the registration of ownership transfer in its name on February 14, 1973, and the fact that the housing and warehouse of this case, which is unregistered, are located on each ground of the land of this case among the forest land of this case as of the date of closing argument of this case, may be acknowledged by adding the whole purport of the pleadings to the entries or images of Gap No. 2 through 4, 6, 7, Eul evidence No. 2, and Eul evidence No. 2 as of the date of closing argument of this case.

However, as to whether the Defendants owned the instant housing and warehouse from the date of the closing of argument after the death of the deceased, and possessed the part of the instant housing and warehouse in possession of the instant forest, the entries of evidence Nos. 5 and 9 alone are insufficient to recognize the Plaintiff’s above assertion, and there is no other evidence to acknowledge the Plaintiff’s assertion.

In the reply submitted on April 6, 2016, the Defendants stated that “the Defendants, as the deceased’s heir, recognize the possession of the forest of this case in order to possess the instant housing and warehouse.” However, the so-called prior confession, which is a kind of confession within trial, is one of the parties.

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