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(영문) 대구지방법원의성지원 2015.02.11 2013가단2711
가옥명도
Text

1. The Plaintiff, Defendant (Appointed Party), Defendant C, Defendant D, Selection E, F, G, H, and I shall bear respect to each share as set forth in the attached Form (2).

Reasons

1. The following facts do not conflict between the Parties:

① In the order of indicating 1, 2, 3, 4, and 1 of the annexed drawings on the ground in the Cheongbuk-gun, Cheongbuk-gun, Chungcheongnam-do, the part of “A” in which “A” was connected in sequence is about 50 square meters (hereinafter “instant house”) is an unregistered building without permission.

② K resided in the instant house and died on June 7, 2012.

③ The deceased K’s heir E, Defendant D, Defendant (Appointed Party) B, C and deceased L (Death on March 8, 2002) shall have F and their children G, H and I, and each inheritance share shall be as shown in attached Form 2.

[2] According to the purport of Gap's evidence Nos. 1 and 2, witness M's testimony and pleading as to the cause of the claim on Oct. 20, 2003, the plaintiff purchased the house of this case from Dong K on Oct. 20, 2003, and agreed to receive it at the time of death without rent.

According to the above facts, the defendant et al., the heir of the deceased K succeeds to the rights and obligations of the deceased K according to their respective inheritance shares, and thus, the plaintiff is obligated to deliver the house of this case to the plaintiff.

3. Determination as to the defense of the defendant (appointed party)

A. Defendant B asserted that the Defendant (Appointed Party) had the Defendant (Appointed Party) purchased the instant house from M around November 1996 at KRW 6 million and had the Dong K, his father, reside, and did not delegate his authority to dispose of it.

Therefore, Defendant B is the true owner of the instant house, and the network K is not entitled to dispose of the said house.

Therefore, the above sales contract between the plaintiff and the deceased K is null and void as a juristic act or unfair juristic act contrary to social order.

(b) even if the owner of a non-licensed building has not been registered, the ownership of the building may not be acquired unless the registration of ownership transfer has been completed.

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