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(영문) 인천지방법원 2019.07.18 2018가합52951
부동산인도 등
Text

1. The Defendants’ respective Plaintiff:

(a) Of each real estate listed in the separate sheet, each of the indications 1, 2, 3, 4, and 1 of the separate sheet.

Reasons

1. Basic facts

A. On February 14, 2018, the Plaintiff completed each registration of ownership transfer based on the sale of each real estate listed in the separate sheet (hereinafter “each of the instant land”) on February 9, 2018.

B. F newly constructed a building on the ground of 440 square meters, which connects each point of the attached Form 1, 2, 3, 4, and 1 on each of the instant land in sequence, with each point of 5, 6, 7, 8, and 5 in the attached Form No. 5, 6, 8, and 5, which is located on the ground of 512 square meters in line with each point of 512 square meters in the “bbb” portion, and a building on the ground of 378 square meters in line with each point of 9, 10, 11, 12, 13, and 9 in the attached Form No. 378 square meters in line, which connects each point of 378 square meters in line with each other of 14, 15, 16, 17, and 14.

C. The F died on September 21, 2016, and the Defendant C, D, and E, who is the spouse, succeeded to the rights and duties of the deceased.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 4 (including branch numbers for those with branch numbers), video of Gap evidence 3, result of appraisal commission to the Korea Land Information Corporation of this Court, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, it is reasonable to view that the Defendants continued to possess each of the instant lands owned by the Plaintiff as the site for each of the instant buildings, by succeeding the each of the instant buildings which the F had originally acquired by F, as the site for each of the instant buildings. Unless there is any assertion as to the fact that the Deceased or the Defendants had a legitimate title to occupy each of the instant lands, the Defendants are within the limit of their respective shares, within the limit of their shares, the obligation of the co-inheritors to remove the buildings and deliver the site as an indivisible obligation, and the co-inheritors are liable to remove the buildings

(See Supreme Court Decision 80Da756 delivered on June 24, 1980, etc.). The Plaintiff, the owner of each of the instant lands, is the Plaintiff.

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