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(영문) 대전지방법원 2016.01.20 2015가단18708
건물철거 및 토지인도
Text

1. The defendant removes the buildings listed in paragraph (2) of the attached list to the plaintiffs, and the land listed in paragraph (1) of the same list.

Reasons

1. The Plaintiffs (each 1/4 shares) donated on January 28, 2015 (each 1/4 shares) on October 28, 2015, when trading G on October 2, 1975, October 2, 1975, when the date of the registration of ownership transfer on July 30, 1975, owned by the owner of the grounds for registration.

A. On January 29, 2015, the Plaintiffs completed the registration of ownership transfer with respect to each of 1/4 shares of the land listed in attached Table No. 1 (hereinafter “instant land”). The process of ownership change with respect to the instant land is as follows.

On December 10, 1991, the owner of the registration date of the title No. 1 ownership of the ownership date of December 10, 1976, the defendant who sold the first sale due to a compulsory auction on November 5, 201, 207, 195 transfer of ownership between J 3 and 3 transfer of ownership on December 8, 1991, and November 5, 2014 on September 18, 1994, 194, sale I4 transfer of ownership No. 14 transfer on September 5, 2013.

B. On November 7, 2014, the Defendant: (a) completed the registration of ownership transfer for a building listed in attached Table No. 1 (hereinafter “instant building”) located on the instant land due to a compulsory auction on November 5, 2015; and (b) occupied the instant land as the instant building site, etc.; and (c) the process of ownership change for the instant building is as follows.

C. Meanwhile, Plaintiff A, B, and C are children of H, and Plaintiff D is the grandchildren of H and I and K.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, Eul Nos. 3 and 4 (including paper numbers), the purport of the whole pleadings

2. Determination

A. According to the factual basis of the judgment on the cause of the claim, the plaintiffs can seek a removal of disturbance against the defendant who occupies the land of this case as the owner of this case. Thus, the defendant has a duty to remove the building of this case and deliver the land of this case to the plaintiffs, barring special circumstances.

B. On November 10, 1976, H acquired the ownership of the instant land on the part of the Defendant’s assertion, and newly constructed the instant building, and then trust the Defendant’s title to I, son.

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