logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2014.10.30 2013가단2351
토지인도
Text

1. As to the Plaintiff’s share 7/29, Defendant C, D, E, and F, with respect to each of the shares 5/29 shares, Defendant G 2.

Reasons

1. Determination as to the claim against Defendant C, D, E, F, and G

(a) describe the reasons for the claim as stated in the separate sheet of the claim, the purport of the claim, and the reasons for the modification;

(b) Judgment made in the constructive confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Determination as to the claim against the defendant B

A. Basic facts (1) The Network I constructed the instant land as the site for each of the above buildings, with the building built of 51.81 square meters and 32.67 square meters (hereinafter “each of the buildings in this case”) of a wooden tank, a arched 73.16 square meters in a single-story roof, a single-story, and an earth wall, a stone, a string, a single-story, a single-story, and used the instant land as the site for each of the above buildings, and died on November 22, 1987. The Defendants, who are children of the network I, inherited the network I’s property, such as the final inheritance shares in the calculation sheet in the attached shares of inheritance.

(B) On June 18, 2010, the Plaintiff completed the registration of ownership transfer due to voluntary auction on the instant land. (3) On the other hand, on June 18, 2010, the Plaintiff completed the registration of ownership transfer due to voluntary auction.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4 and 5 (including each number, if any) and the purport of the whole pleadings

B. (1) According to the determination as to the cause of the claim, inasmuch as Defendant B owned the instant land by inheritance of 7/29 shares of each of the instant buildings from the network I, and occupied the instant land, barring any special circumstance, it is obligated to remove each of the instant buildings to the extent of the said shares, and transfer the possession of the instant land to the Plaintiff, barring any special circumstance.

(2) In addition, Defendant B is obligated to return unjust enrichment to the Plaintiff, barring any special circumstance, as it owned each of the instant buildings on the instant land, thereby gaining profit by occupying part of the instant land without title.

Defendant B must return to the Plaintiff.

arrow