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(영문) 수원지방법원 2017.02.14 2015가합6268
소유권이전등기말소등
Text

1. Plaintiff A’s lawsuit against Defendant E seeking removal and delivery of the buildings listed in Section 1 of [Attachment A] among the lawsuits against Defendant E.

Reasons

Basic facts are the plaintiffs A, the plaintiffs (Appointed Party), D, I, J, K, the defendant E, the network L (Death September 20, 199), the non-party M is the children of the network N, the plaintiff (Appointed Party) B, the Appointed Party F, G, and H are the spouses and children of the network L.

As the network N died on July 24, 200, with respect to the land listed in [Attachment 1] Nos. 5 and 6 of [Attachment 1] owned by it, the Plaintiff, the Plaintiff (Appointed Party), C, D, I, J, K, and Defendant E inherited each of 1/9 shares, respectively. The Selection F was 3/81 shares, the Plaintiff (Appointed Party), B, the Selection, and H were 2/81 shares, respectively.

Plaintiff

A from September 18, 1968, each of the lands listed in Tables 2 and 3 of Attached Table 1 (hereinafter referred to as “ Q land” and “R land”) is owned, and the lands listed in paragraphs 4 of the same Table from June 11, 1969 to June 11, 1969 (hereinafter referred to as “S land”).

[Ground of recognition] In the absence of dispute, Gap evidence 2-2, 3-1, 2, 7, and 8-1, 2-7 of the evidence Nos. 2-2, 7, and 8, and the judgment on the claim against defendant Won-si as to the whole purport of the pleading, the plaintiff Lee Won-si's primary claim for the registration of transfer of ownership should be cancelled as a ground for invalidation of the above transfer of ownership without going through the consultation procedure for public land acquisition.

Even if Defendant Suwon-si had lawfully acquired the instant building, even though it acquired it on the premise of the removal of the said building, it occupied Q land by owning the said building without removing it.

Therefore, the Defendant is obligated to remove the instant building and deliver Qua land to the Plaintiff.

On June 5, 2004, the fact that the registration of ownership transfer was completed from the Plaintiff on May 14, 2004 with respect to the building of this case on the ground of a consultation on the land for public use on June 14, 2004 is disputed between the Plaintiff A and the Defendant Suwon-si.

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