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(영문) 창원지방법원거창지원 2015.01.06 2013가단2011
건물명도
Text

1. The Defendants are the Plaintiff’s neighborhood living facilities (stores) of the Gyeongnam-gun and E-ground reinforced concrete structure.

Reasons

1. Basic facts

A. (1) The Plaintiff and Defendant B are children of the network F and the network G, and Defendant C is the wife of Defendant B.

(2) There is H, I, and J with other children of the net F and the network G.

B. On May 27, 1972, the Sil F purchased land E-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant land”) and completed the registration of transfer of ownership in the name of the Sil G, which is the wife’s name as the head of Changwon District Court No. 2252, May 30, 1972, such as Changwon District Court Mac support, etc., on the said land.

C. The deceased F constructed a second-story housing building on the ground of the instant land (hereinafter “instant housing building”) and completed the registration of preservation of ownership in the name of the deceased G as the Head of Changwon District Court No. 20035, Nov. 9, 1979, such as the Changwon District Court Seo Branch Branch Branch Branch Branch, etc.

The Plaintiff completed the registration of ownership transfer under one’s name on March 27, 1980 with the land between the public service and the land between the land of this case, which was located on February 4, 1980, for the purpose of sale and purchase as of February 4, 1980.

E. In addition, the Plaintiff completed the registration of ownership preservation under one’s name on August 29, 2002 as the receipt of No. 10482 on August 29, 2002 with respect to the building of 2nd floor neighborhood living facilities (stores) in reinforced concrete building built on the ground of the instant land No. 2 (hereinafter “instant commercial building”).

F. After the deceased on April 7, 1998, the Plaintiff, Defendant B, H, I, and J completed the inheritance registration of each of 1/5 shares of the instant land under the receipt of No. 9822 on August 10, 2002, such as Changwon District Court’s Branch Branch Branch Branch Branch, etc. On the instant building, the Plaintiff completed the inheritance registration of his name under the control of the Plaintiff’s name as of November 28, 201, under the receipt of No. 16715, Nov. 28, 201.

G. Meanwhile, around December 199, the Plaintiff connected the Defendants with each point of 3, 4, 5, 6, and 3 of the annexed drawings among the 74.80 square meters of the 1st floor of the instant commercial building, in turn, around December 299.

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