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(영문) 대구지방법원김천지원 2020.07.22 2019가단2779
건물철거 및 토지인도
Text

1. The Defendants are each indicated in the attached Table 3, 4, 5, 6, 7, 8, 9, 10, and 3 among the land size of 284 square meters in Gu-si, Gu-si, Gu-si.

Reasons

1. Under the following facts, each of the following facts may be acknowledged, either in dispute between the parties or in full view of Gap evidence 1-1, 2-2, Gap evidence 2-1, 3, 5-2, Eul evidence 5-1, 2, 3, Eul evidence 6, 7, 8, and 9-2, and the whole purport of the arguments as a result of the request for the measurement and appraisal with respect to the chief of the Korea Land Information Corporation and the President of the Korea Land Information Corporation.

The registration of ownership transfer was completed in the name of H on March 3, 1992 with respect to G-si G-si 284 square meters (hereinafter “instant land”). However, the registration of ownership transfer was completed in the name of the Plaintiff on the ground of sale as of February 22, 1994 with respect to the 50/288 portion of the instant land on the ground that it was completed on February 22, 1994. The registration of ownership transfer was completed in the name of J on January 6, 2015. Of the instant land, the registration of ownership transfer was completed in the name of the Plaintiff on July 25, 2016 on the ground of public sale as of July 18, 2016.

Since then, on January 30, 2019 with respect to the shares of the said J (50/28/28), the registration of transfer of shares was completed in the name of the Defendants on May 28, 2019 on the grounds of inheritance due to a division of consultations held on January 30, 2019.

B. Meanwhile, the registration of ownership transfer was completed on April 17, 1978 with respect to the Gu-si, Si-si, Si-si, Si-si (hereinafter “instant K”) adjacent to the instant land, and the registration of ownership transfer was completed on March 27, 1979 with respect to the building on the ground of the instant K land (hereinafter “instant building”) under the name of I. The registration of ownership transfer was completed on January 6, 2015, when the registration of ownership transfer was completed under the name of J on January 30, 2019 due to inheritance by agreement division as of January 30, 2019.

GK

C. As to the land of this case, the Plaintiff shared 238/288 shares and 50/288 shares in total by the Defendants. A part of the building of this case owned by the Defendants is indicated in the attached Form 3, 4, 5, 6, 7, and 8.

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