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(영문) 대전지방법원공주지원 2015.08.13 2015가단600
건물철거 및 토지인도
Text

1. The Plaintiff:

A. As to Defendant B’s share 21/7:

B. As to the shares of Defendant C, D, and E, 14/77, respectively,

Reasons

1. Facts of recognition;

A. The Plaintiff completed the registration of ownership transfer as to the land specified in the Disposition No. 1 (hereinafter “instant land”). The Plaintiff completed the registration of ownership transfer as to the land under the Disposition No. 13614, May 11, 2007, received on May 11, 2007.

B. The deceased J completed the registration of preservation of ownership by the Daejeon District Court No. 8828, Jun. 16, 1979, as regards the building stated in Paragraph 1 of the Disposition on the Ground of the instant land (hereinafter “instant building”).

C. On July 8, 1997, the deceased died after leaving Defendant B, Defendant C, D, E, and the network K, who is the wife, as the heir, and the deceased on April 19, 2014. The deceased on the ground that the deceased left Defendant F, Defendant G, the wife’s children, and H as the heir.

[Ground of recognition] Defendant B, C, D, E, and G: The purport of each entry and the whole pleading of evidence of Nos. 1 through 12 (including paper numbers) under Article 150 of the Civil Procedure Act

2. According to the above facts of determination as to the cause of the claim, the land in this case is presumed to be owned by the plaintiff. Since the building in this case is presumed to be owned by the defendants in the same share ratio as that set forth in Paragraph (1) of this Article, the defendants are obligated to remove the building in this case and deliver the land in this case, which is the site of the building in this case.

3. If so, each of the claims of this case against the Defendants by the Plaintiff is justified, and it is so decided as per Disposition.

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