logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2016.07.15 2015나2402
건물등철거
Text

1. The judgment of the court of first instance is modified as follows.

The plaintiff succeeding intervenor's claims are all dismissed.

2...

Reasons

On April 14, 2008, D and G completed the registration of ownership transfer with respect to 1/2 shares of 49 square meters (hereinafter “instant land”) among the 1/2 shares of the 49 square meters (hereinafter “instant land”).

After that, G completed the registration of ownership transfer for 1/2 shares of the land in this case to the defendant, who is the mother on September 13, 2010.

The Defendant completed the registration of initial ownership on September 17, 201, after obtaining approval for use on November 15, 201 with respect to the buildings listed in the [Attachment 2] List on the ground of the instant land (hereinafter “instant building”).

D As to the buildings listed in the separate sheet No. 3. that were newly constructed on the ground of the instant land (hereinafter referred to as “the adjoining buildings of this case,” and as to the buildings of this case, the registration of initial ownership was completed on May 22, 2013 after obtaining approval for use on November 15, 201.

After that, D filed a lawsuit against the Defendant to divide a co-owned property (hereinafter “related lawsuit”) under the Jeonju District Court Branch Decision 2013Kadan4539, which became final and conclusive on January 14, 2014.

On August 20, 2014, the Plaintiff received the instant land from the auction procedure commenced based on the above judgment, and paid the price and acquired the ownership thereof.

On October 2, 2015, the Plaintiff completed the registration of ownership transfer for one-fifth of the instant land to the intervenors on September 25, 2015. On April 8, 2016, the Plaintiff completed the registration of ownership transfer for the reasons of sale as of September 25, 2015. On April 8, 2016, the Plaintiff completed the registration of ownership transfer for the remaining three-fifths of the Plaintiff’s land (i.e., 1-1/5 - 1/5) on the ground of sale as of March 31, 2016.

On the other hand, as of the date of the closing of argument in the party trial, the part 104 square meters in the “bb” indicated in the Map 1. is used as the site for the instant building.

(hereinafter referred to as the “instant building site”). 【No dispute exists with respect to the ground for recognition, Gap’s evidence Nos. 1 through 6, Eul’s evidence No. 2-2, 3, and 3 through 9, and the purport of the entire pleadings.

arrow