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(영문) 춘천지방법원원주지원 2019.09.24 2019가단50856
토지인도
Text

1. The Defendants shall pay to the Plaintiff each share in the attached inheritance shares.

(a) is located on the 787m2 peri-si, Won-si.

Reasons

Comprehensively taking account of the overall purport of the pleadings as indicated in the evidence Nos. 1 through 7, the Plaintiff purchased the instant building from the J on December 21, 2018 and completed the registration of ownership transfer. The Defendants are unregistered buildings, and the Defendants have a duty to remove the instant building according to their own shares and deliver the site to the Plaintiff, barring any special circumstance, as they are owned by the deceased K’s heir, who is the owner of 50.94 square meters of the above land and the house, and the soil wall/ret construction room 24.25 square meters of the above land (hereinafter “the instant building”).

As to this, the Defendants asserted that the land and buildings of this case were inherited from Dong K on October 16, 1990, and that since they transferred only the land of this case to L on February 27, 1997, statutory superficies under the customary law was established on the building of this case. However, there is no evidence to acknowledge that the Defendants acquired the land of this case on October 16, 1990, and according to the statements in the evidence Nos. 8 and 9, it is recognized only that Defendant E completed the registration of ownership transfer on the ground of sale on May 9, 1995.

Therefore, the above assertion by the defendants is without merit.

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