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(영문) 대구지방법원 2021.01.13 2019나318872
건물등철거
Text

The plaintiff's appeal and the plaintiff's claim added in this court are all dismissed.

after the filing of an appeal.

Reasons

1. Basic facts

A. 1) On July 29, 1981, C completed the registration of ownership transfer on the ground of sale on August 10, 1961 under the former Act on Special Measures for the Registration, etc. of Ownership Transfer of Real Estate (Act No. 3094) with respect to the real estate indicated in the [Attachment] real estate (hereinafter “instant land”).

2) On May 26, 2018, C died, and its heir is G, H, I, J, K, and L, the spouse of the Plaintiff and its children.

3) After the Plaintiff filed the instant lawsuit, C’s inheritors completed the registration of transfer of ownership in the name of G, H, I, J, and K, respectively, on December 24, 2018, by division of inherited property consultation.

4) On December 24, 2018, H donated one-fifth percent of its own 1/5 shares to children M and completed the registration of ownership transfer.

5) On May 15, 2019, G donated 1/25 of its 1/5 shares to the Plaintiff, and completed the registration of transfer of ownership in the name of the Plaintiff on May 16, 2019. On June 1, 2020, G, I, J, and K donated the remainder of 19/25 shares to the Plaintiff on June 1, 2020, and completed the registration of transfer of ownership on June 25, 2020. The instant land is currently owned by the Plaintiff 20/25 shares and M owned by 1/5 shares.

B. 1) The Defendant constructed and owned the instant building and its neighboring land without permission (hereinafter “the instant building”) extending between the instant land and the neighboring Cheongdo-gun D land (hereinafter “D land”).

2) Of the instant land, the instant building was built with a part of 86 square meters in a ship connected with each point of 1 to 8, and 1 in sequence among the instant land.

3) On June 27, 1985, NJ completed the registration of ownership preservation in accordance with the former Act on Special Measures for the Registration, etc. of Transfer of Ownership of Real Estate (No. 3562) with respect to D land.

[Grounds for Recognition] Facts without dispute, Gap evidence Nos. 1 through 8, and 14 (including various numbers if there are numbers), and Eul.

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