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(영문) 창원지방법원 2017.01.10 2015가단83203
토지인도
Text

1. The Defendants share each of the buildings listed in the [Attachment 2] No. 5 of the real estate list to the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. The following facts can be acknowledged in full view of the following facts: (a) there is no dispute between the parties; or (b) evidence Nos. 1, 2, and 5; (c) the head of the Sungsan-gu and the head of the Chang-gu Office of this Court's fact inquiry results;

1) On February 21, 1990, the Plaintiff entered in [Attachment 1] List of Real Estate (hereinafter “instant land”).

A) On March 21, 1990, upon purchasing the above land and completing the registration of ownership transfer on the above land, a building listed in [Attachment 2] No. 2 of the real estate list on the land of this case (hereinafter “instant building”).

(B) On the other hand, the deceased died on January 19, 2004. On the other hand, Defendant E, Defendant C, and D, who were the wife of Defendant B, F, G, and deceased than the deceased, inherited or inherited the deceased in proportion to their respective inheritance shares listed in the separate sheet of shares, which are legal inheritance shares.

B. According to the above facts of recognition, the Defendants, the inheritor of H, are obligated to remove the instant building and deliver the instant land to the Plaintiff, except in extenuating circumstances.

2. The Defendants’ assertion against the Defendants: (a) purchased the instant land and buildings from J around 1971; (b) owned the said building from around that time; and (c) occupied the said land, which was its site; and (d) succeeded to the possession thereof through Defendant E and Defendant C, the grandchildren, the Plaintiff acquired ownership of the said land; and (b) on March 20, 2010, the statute of limitations for the acquisition of possession of the said land was completed on March 20, 2010, when H acquired ownership.

Therefore, the plaintiff's claim is justified.

However, as seen earlier, the Plaintiff owned the instant building at the time of March 21, 1990 when H acquired the ownership of the instant land, and the Defendants inherited the said building after H died. As such, the Defendants, including the possession of H, the former occupant, inherited the said building. As such, the Defendants were on March 1, 1990.

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