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(영문) 수원지방법원 2018.08.21 2017나82833
건물명도
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On February 29, 2016, A purchased the land listed in Attached 1’s list Nos. 1 from G (hereinafter “instant land”) and the buildings listed in Attached 2’s list Nos. 1 and 2’s list (hereinafter “instant building”) from G on the same date, and completed the registration of ownership transfer on March 7, 2016 with respect to each of the instant real estate on the instant land.

B. The Defendant, among the instant buildings, occupies a part 129 square meters in the ship that connects each point of 18, 6, 7, 8, 23, 22, 21, 20, 19, and 18 of the annexed drawings Nos. 24, 25, 26, 27, 32, 33, and 24 of the same drawings, which connect each point of 18, 6, 7, 8, 23, 22, 21, 20, 19, in sequence,

C. In addition, the Defendant, among the instant land, owns containers on the ground of 13 square meters in order to connect each point of 28,29,12,13, 30, and 28 of the same drawing indication among the land in question, and owns a stity pumps building on the ground of 19 square meters in order to connect each point of 30, 31, 32, 27, 28, and 30 square meters in the same drawing indication.

A A died on June 2, 2017 while the instant lawsuit was pending, and became co-inheritors at the rate of 3:2:2:2 of the Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the designated parties E, and F, who are children of A and D’s wife D.

Accordingly, the plaintiff and the designated parties took over the lawsuit of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 and 6, the result of the verification by the court of first instance, the result of the survey and appraisal by the appraiser H of the first instance court, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts established prior to the determination on removal and request for extradition, the Defendant without legitimate authority possesses 1, 2, and 4 parts of the instant building owned by the Plaintiff and the designated parties, among the instant building owned by the Plaintiff and the designated parties, 1, 2, 3, and 4 from among the instant land. As such, the Plaintiff and the designated parties seeking removal of interference as the owner of each of the instant real estate shall transfer 1 and 2 parts of the instant building among the instant land.

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