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1. The defendant shall order the plaintiff (appointed party) and the appointed party to 54.46 square meters of the branch floor of the building indicated in the attached list.
Reasons
1. Basic facts
A. A building listed in the attached list (hereinafter “multi-household house”) is an aggregate building which was newly constructed and approved for use on January 16, 1987 and was prepared for six households, such as around January 20, 1987, around 101, 102, 201, 202, 202, 301, 302, and 302, and around January 26, 1987.
B. On or around February 12, 1997, Selected C made the registration of ownership transfer as to 101 among the multi-household housing in this case; on or around December 28, 2009, 102 among the multi-household housing in this case; on or around December 10, 2009, Selected D made the registration of ownership transfer as to 201 among the multi-household housing in this case; on or around January 31, 2007, Selection E, and Selection F made the registration of ownership transfer as to 301 among the multi-household housing in this case; on or around May 11, 2004, Selection G made the registration of ownership transfer as to 302 among the multi-household housing in this case; on or around August 13, 2009, Selection L made the registration of ownership transfer as to 302 among the multi-household housing in this case.
C. The Defendant occupied 54.46 square meters of the land floor of the instant multi-household house (hereinafter “the instant building section”) and resides in the instant building section.
[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1 through 6, Gap evidence 2-1 through 7, the purport of whole pleadings
2. The assertion and judgment
A. The Plaintiff (Appointed Party) is the cause of the instant claim. The instant building section is the common area owned jointly by the Plaintiffs, who are the sectional owners of the instant multi-household housing, in proportion to the size of that section of exclusive ownership. The Defendant without any title, asserts that the Defendant resided in the instant building section without any title and illegally occupied it, and sought an order of the part of the instant building.
D. The Defendant purchased the building portion of this case in 8,90,000 won from the construction businessman of the multi-household in this case, which is the father of the Defendant.