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(영문) 청주지방법원영동지원 2017.11.29 2016가단34
건물등철거
Text

1. The Plaintiff:

A. As to the shares of 6/20, shares of 7/20 shares of Defendant C and D, each of 7/20 shares, Defendant B shall be 407 square meters in Chungcheongnamcheon-gun E-do.

Reasons

1. Basic facts

A. Defendant D, on December 22, 1993, completed the registration of initial ownership on the instant land by Defendant D’s registration of initial ownership, with respect to the E-gun, Chungcheongnam-gun, Chungcheongnam-gun, 407 square meters (hereinafter “instant land”).

B. On July 27, 1979, the deceased F’s registration of ownership preservation network F on the instant building (hereinafter “the deceased”) completed the registration of ownership preservation on the land of this case as to the mentor block and the 15th square meters of the house for sap and extract assessment (hereinafter “the instant building”).

C. According to the fact-finding inquiry on December 1, 2014, the Plaintiff acquiring the ownership of the instant land (www.on.co.co.C.D/), the payment period for the instant land was determined on December 1, 2014 in the public sale procedure for the instant land, and the fact that the payment was made in full, and the payment was extended differently, does not seem to be peep.

따라서 원고는 적어도 2014. 12. 1. 위 공매절차엥서 이 사건 토지대금을 모두 납부한 것으로 볼 수 있으므로 위와 같이 대금납부시점을 인정하였다.

After paying the price in full in the public sale procedure for the instant land, the registration of ownership transfer for the instant land was completed on December 11, 2014 due to the public sale.

Among the present land of the building and outer walls of this case, there are the building and outer walls of this case on the ground of 79 square meters in part 1, 12, 13, 14, 15, 16, and 11, which connects each point of the attached Form No. 11, 12, 13, 14, 15, 16, and 11.

E. 1) On January 10, 1955, the Deceased was married with G on his marriage, death, inheritance, etc. He left H, Defendant C, and D under the chain. H on May 19, 197, upon the marriage with Defendant B, the Deceased died on September 2, 1981, and Article 109 of the former Civil Act (amended by Act No. 3051 of Dec. 31, 197, effective January 1, 197) (the statutory share of inheritance) Article 109 of the former Civil Act (amended by Act No. 3051 of Dec. 31, 197, effective January 1, 197) ① If there are several successors of the same order of inheritance, the share of inheritance shall be the same.

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