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(영문) 광주지방법원 2020.08.13 2019나67608
건물등철거
Text

1. All appeals filed by both the Plaintiff and the Defendant (Appointed Party C) are dismissed.

2. B between the Plaintiff and the Defendant (Appointed Party).

Reasons

1. The reasoning of the judgment of the court of first instance cited this case is as follows, and the reasons for appeal alleged by the Plaintiff and the Defendants, other than the following, are stated in the reasoning of the judgment of the court of first instance. Thus, this case is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for the determination of the grounds for appeal alleged by the Plaintiff and the Defendants in this court:

Part 3 of the judgment of the first instance court, the "G" in Part 3 is deemed to be "T".

In the third part of the judgment of the court of first instance, the "paragraph (d) part" in the third part of the judgment of the court of first instance transferred the right to dispose of the house of this case to the network E, and the house of this case remains unregistered. In accordance with the plaintiff's application for provisional disposition based on the right to demand the removal of building, the registration of provisional disposition entrustment in accordance with the provisional disposition decision (No. 2019Kadan452) was made by the plaintiff, and the registration of provisional disposition entrustment was completed on May 22, 2019 in the name of the defendant (Appointed Party) B and his appointed parties, who are the heir of the networkF, and the registration of preservation of ownership was completed ex officio in accordance with each one-six-six share of each of the registered copies attached to the plaintiff's petition of appeal on December 3, 2019

On February 11, 2019, the first instance judgment of the first instance is dismissed as " February 12, 2019" of the first instance judgment.

2. Additional determination

A. (1) The decision on the grounds of appeal by the Plaintiff is based on the following: (a) The Defendant (Appointed Party) and the Appointed Party B, who is the heir of the networkF, completed the registration of ownership transfer in the name of J, I, K, L, and M concerning the instant housing; (b) As the right to dispose of the instant housing was Defendant B, Defendant B (Appointed Party) is obligated to remove the instant housing, deliver the instant land, and pay unjust enrichment.

(2) As seen above, the deceased F transferred the right to dispose of the instant house to the deceased E, and the Defendant (Appointed Party) B and its designated parties are merely those who have completed the registration of preservation of ownership ex officio upon the request of provisional disposition. As such, the de facto right to dispose of the instant house is the heir of the deceased E.

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