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(영문) 광주지방법원 2020.12.02 2020나53308
토지인도
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. The registration of ownership transfer was completed in the name of the Plaintiff on the grounds of sale and purchase of real estate listed in the separate sheet Nos. 1, 3, 9, and 10. As to the real estate listed in the separate sheet No. 2, the registration of ownership transfer was completed in the name of 1/2 in the name of D, and as to the real estate listed in the separate sheet No. 2, the registration of ownership transfer was completed in the name of 1/2 in the name of D, and the registration of ownership transfer was completed in the name of the Plaintiff on the grounds of donation from D on April 5, 2012. As to the real estate listed in the separate sheet No. 11, the registration of ownership transfer was completed in the name of H on March 20,

(Attachment List shall be referred to as "each real estate of this case" when the sum of each real estate listed above is referred to, and individually, "the real estate of this case" shall be referred to. (b)

The Plaintiff and the father of Defendant B are the deceased H (Death on April 12, 2003). The mother is the deceased D (Death on October 15, 2016). The children of the deceased H and the deceased are E, F, Plaintiff, Defendant B, and Defendant C are the de facto spouse of Defendant B.

C. The data that there was an agreement on the share of the network D’s co-ownership with respect to the real estate No. 2 in this case among the deceased D’s successors are not submitted.

The Defendants occupied and used each of the instant real estate without the Plaintiff’s permission from November 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 8, purport of the whole pleadings

2. Determination

A. According to the facts found in the above facts as to the real estate Nos. 1, 3, 9, and 10 of this case, since the real estate Nos. 1, 3, 9, and 10 of this case is recognized as owned by the plaintiff, the defendants are obligated to deliver the real estate of this case to the plaintiff.

B. As to the 2nd real estate of this case, the Defendants owned 1/2 shares in the network D’s 1/2, and Defendant B succeeded to the network D’s co-ownership to the degree of inherited shares.

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