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(영문) 제주지방법원 2018.01.09 2017가단53295
토지인도
Text

1. The Plaintiff:

A. Defendant H leaves the building listed in the separate sheet;

(b) Defendant B, C, D, E, F, G, I, J, K, L;

Reasons

1. Basic facts

A. On December 21, 1999, the registration of ownership transfer was completed in the name of the deceased (hereinafter “the deceased”) with respect to the N-55 square meters in Jeju-si (hereinafter “the instant land”). On December 17, 1999, the registration of ownership transfer was completed on the ground of donation on the part of the Plaintiff.

B. Around 1968, the Deceased constructed a building listed in the attached list on the ground of the instant land (hereinafter “instant building”).

C. As the Deceased died on December 29, 2006, the building of this case was inherited by the Plaintiff and the Defendants B, C, D, E, E, F, G, I, J, K, L, and M (hereinafter “the Defendants except Defendant H”) as co-inheritors as follows.

The parties’ inheritance shares Plaintiff 6/168, Defendant C 21/168, Defendant C 21/168, Defendant D 21/168, Defendant E21/168, Defendant G21/168, Defendant G21/168, Defendant I 7/168, Defendant J 7/168, Defendant C 7/168, Defendant C 7/168, Defendant C9/168, Defendant M/168

D. Meanwhile, Defendant A, his spouse, and around 2015, remodeled the instant building into a pention with Defendant H, and thereafter, Defendant A operated the instant building with the trade name “P” from July 6, 2016 to July 6.

[Based on the recognition] Defendant B, C, D, F, G, J, K, and L: The fact that there is no dispute over the confession judgment (Article 208(3)2 of the Civil Procedure Act), Defendant E, and H: evidence Nos. 1 through 3, evidence Nos. 2 and 3 (including each number), and the purport of the whole pleadings, Defendant I, and M: Judgment by service by publication (Article 208(3)3 of the Civil Procedure Act)

2. Determination as to the cause of claim

A. According to the above facts, the defendant's heir, as co-owner of the building of this case, occupied and used the land of this case, regardless of the actual possession of the building of this case or the land of this case, and thereby, the defendant's heir obtains the profit of use of the land of this case and thereby causes damage equivalent to the amount of the profit of use to the plaintiff. The defendant's heir occupied the building of this case.

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