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(영문) 춘천지방법원 2020.07.16 2019나52307
건물철거 및 토지인도
Text

1. The judgment of the court of first instance is modified as follows.

Defendant (Appointed Party) and Appointors are KRW 19,469,000 from the Plaintiff.

Reasons

1. Facts of recognition;

A. The registration of ownership transfer in the name of H on May 11, 1957, the registration of ownership transfer in the name of H on May 6, 1968, the registration of ownership transfer in the name of F on September 21, 197, and the registration of ownership transfer in the name of the Plaintiff on September 21, 1976, with respect to the 424 square meters (hereinafter “instant land”).

B. In order to use part of the instant land from H, the owner at that time, as a housing site, the net G leased the instant land by setting a rent of 40 kg per annum, without setting a rental period, and newly built and residing a residential building on part of the instant land.

After that, some buildings have been expanded, expanded and reconstructed.

C. After the deceased on December 19, 2001, the deceased G continued to reside after inheritance of the residential building on the above land from the deceased G.

In order to install a vinyl house for additional construction on the ground of the instant land at around 2002, the net B entered into a lease agreement with the Plaintiff on the site of the building located on the ground of the instant land at that time and the site of the vinyl house to be newly installed at that time with respect to all the site of the building located on the ground of the instant land at that time with the annual rent of 80km

The net B occupied and used each real estate listed in the separate sheet on the ground of the instant land (hereinafter “the instant building”).

The building, etc. of this case is inherited from the network G or newly built by the network B.

The net B paid 20,000 won to the Plaintiff or deposited in the Plaintiff’s future as the annual rent for the lease of the site of the instant building, etc. from around 2007 to the time of death.

E. All of the instant buildings, etc. are unregistered and unregistered.

F. The Plaintiff filed the instant lawsuit against the deceased B seeking removal of the instant building, etc. and delivery of the site, and the network B exercised the right to purchase the ground property.

Accordingly, the Plaintiff changed the claim against the deceased B to the claim for extradition of the instant building, etc. according to the sales contract.

G. The deceased on May 19, 2019, after the date of closing the argument in the first instance trial, and died.

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