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(영문) 춘천지방법원 2018.01.30 2017가단51644
건물등철거
Text

1. The Defendants indicated in the attached Form No. 7, 8, 9, 10, 11, 12. with respect to each of 1/4 shares on the Plaintiff’s 347 square meters in Chuncheon-si.

Reasons

1. Facts of recognition;

A. On December 1, 1975, H completed the registration of ownership preservation with respect to F, F, 347 square meters (hereinafter “instant land”) and G, G, 3,468 square meters (hereinafter “instant land”). On December 21, 2012, H completed the registration of ownership transfer with respect to each of the instant land on September 16, 2012.

B. On March 31, 2016, the Plaintiff purchased the instant land Nos. 1 and 2 from I and completed the registration of ownership transfer on April 1, 2016.

C. On June 29, 2009, J completed the registration of initial ownership relating to the building listed in the separate sheet (hereinafter “the instant building”), and on June 29, 2009, the network K (hereinafter “the deceased”) completed the registration of ownership transfer on the ground of sale on June 24, 2009 as to the instant building. The instant building is constructed on the ground of “(i)” on the ground of five square meters in order to connect the instant building in sequence 7, 8, 9, 10, 11, 12, and 7, indicated in the separate sheet No. 1 among the instant land.

On July 22, 2012, the deceased died, and the Defendants inherited the deceased’s property with their respective 1/4 shares.

E. The Defendants occupy the land Nos. 1 and 2 for the purpose of owning the instant building.

[Ground for Recognition: Facts without dispute, each entry of Gap evidence 1 (including paper numbers), the result of a request for surveying appraisal, the purport of whole pleadings]

2. According to the above facts of recognition, the defendants are obligated to remove the buildings of this case to the plaintiff, and deliver the land Nos. 1 and 2 of this case to the plaintiff, unless they prove the title of possession of the land Nos. 1 and 2 of this case.

As to this, the Defendants asserted that H, the first owner of the land Nos. 1 and 2 of this case, and J, the first owner of the building of this case, are married couple, and the Deceased purchased the building of this case from J with the consent of H, and thus, the Plaintiff cannot comply with the Plaintiff’s request. However, there is no evidence to acknowledge the Defendants’ assertion.

Therefore, the defendants' arguments are not accepted.

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