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1. Defendant B’s appraisal of the attached Form 13 through 18, and 13 are each indicated in the attached Form 13 among the land size of 1,020 square meters in Cheongju-si equivalent to Cheongju-si.
Reasons
1. Facts of recognition;
A. The Plaintiff is the owner of the instant land who completed the registration of ownership transfer on the ground of the inheritance on November 20, 1984 with respect to the instant land on March 21, 1995.
B. On the ground of the instant land among the instant land, there is currently a cement block on the instant building (attached appraisal in the part “B” on which the appraisal of the instant land is indicated, and a cement block and assembly-type structure mix 96 square meters on the instant land, and a part on the “C” with the indication of 96 square meters and the attached appraisal on the instant land.
C. The instant building was originally unregistered building and E acquired its ownership around November 3, 1998. However, unlike the actual status, the general building ledger was registered as a 67.6m2m2 and a 7.4m2m2 attached to the soil brick structure on the land of Cheongju-si, a considerable area of Cheongju-si, and a 67.6m2m2 on the land of Cheongju-si, as well as a 67.6m2m2 on the land of Cheongju-si, and one-story roof, respectively.
Defendant B purchased the instant building under the name of Defendant C, his father, from around September 2014 to September 5, 2016, and thereafter possessed it until now.
E. On June 3, 2019, E completed the registration of ownership transfer on September 5, 2016 to Defendant B on the same day after completing the registration of ownership preservation on the building indicated in the above building ledger.
[Based on the recognition] The descriptions of Gap evidence 1 to 6, Eul evidence 5, 6, 16, 17 (including each number), the purpose of the whole pleadings
2. Determination as to the plaintiff's primary claim against the defendant B
A. According to the above facts, Defendant B, as a de facto disposal authority over the building of this case, occupied the part of the land of this case, which is the site of the building of this case, thereby hindering the Plaintiff’s exercise of ownership over the part of this case.
Therefore, the Defendant, barring special circumstances, has the duty to remove the instant building and deliver the instant land portion to the Plaintiff.
B. As to this, Defendant B shall have a substantial parcel number of the land in this case at Cheongju-si.