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(영문) 대전지방법원 2019.01.10 2016가단35731
제3자이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 10, 198, the Plaintiff’s mother, including the ownership relation to the instant land, completed the registration of ownership transfer for the land indicated in [Attachment List No. 1 (hereinafter “instant land”) on August 10, 198 due to the sale on August 9, 198, and upon the death of the network D on May 23, 1993, the Plaintiff’s punishment C completed the registration of ownership transfer for the said land due to inheritance due to consultation and division on November 19, 207.

On March 25, 2010, the defendant acquired the ownership of the land of this case through a compulsory auction.

B. 1) The Plaintiff’s father, the Plaintiff’s father, newly constructed a building indicated in attached Table 2(c) on the ground of the instant land, and obtained approval for use on or around 1972 (in the building ledger, the size of the said building is 39.66 square meters, but the actual area is 60 square meters.

A) In addition, around 2006, C attached a assembly-type panel to the outer wall of the existing building, and as seen above, C is a building listed in attached Table 2-D. (d) of attached Table 2. On the present ground of the instant land, there are buildings listed in attached Table 2-A, (b), and (e) as well as buildings listed in attached Table 2-A, (b), and (2) (hereinafter referred to as “instant building”).

(2) The deceased on July 20, 1976, and the deceased on July 20, 1976, and there was network D, C, Plaintiff and F, G, H, and I as the heir of the deceased, but C continued to reside in the instant building.

C. A dispute between the Defendant and C, etc. 1) The Defendant solely filed a lawsuit against C claiming the rent for the instant land (Seoul District Court 2010DaDa140093, Jun. 8, 2011). The Defendant was rendered a favorable judgment that recognized the rent according to the ratio of KRW 421,00 on June 8, 201. The amount of money calculated by C from March 25, 201 to June 386, 200 by the appellate court (Seoul District Court 201Na10189 to December 9, 2011) based on C’s appeal (Seoul District Court 201Na10189 to December 20, 201) and the Defendant’s share of KRW 4,584,000 from March 25, 201.

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