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(영문) 제주지방법원 2018.12.17 2016가단54949
건물철거등
Text

1. The Plaintiff, Defendant (Appointed Party) C, with respect to the shares of 3/21 shares, Defendant (Appointed Party) D, and Appointed E, respectively, 2/21.

Reasons

1. Basic facts

A. With respect to the land listed in the separate sheet (hereinafter “instant land”), the ownership transfer registration on September 2, 1959 was completed on August 20, 1965, H, the south of the Dong G, on the ground of Australia inheritance. On April 25, 2013, I, in the future, on August 25, 1991, filed an ownership transfer registration on the ground of inheritance by agreement division, and on March 28, 2014, the Plaintiff had completed the ownership transfer registration on the ground of donation on March 27, 2014.

B. The approval date of use of the building listed in the attached list (hereinafter “instant building”) was 1963, and the registration of ownership preservation was completed in the J on March 10, 1994.

The J died on July 7, 201, and died on the heir, and there was K (Namnam), Defendant B (Namnam), and Appointor F, who is his/her child. However, the Defendant (Appointed Party; hereinafter “Defendant”) C and the Defendant (Appointed Party; hereinafter “Defendant”) who is his/her wife, succeeded to the case by the Defendant (Appointed Party; hereinafter “Defendant”) D and the Appointor E.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2-5 (including provisional number), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendants and the designated parties occupy the land of this case by sharing the building of this case on the land of this case owned by the plaintiff, and unless they prove the title to occupy the land of this case, they are obligated to remove the building of this case on the inheritance shares to the plaintiff, unless they prove the title to occupy the land of this case.

Accordingly, as to Defendant C’s share 3/21, Defendant D and Selected E have a duty to remove each 1/3 share as to each 2/21 share, Defendant B and Selected F have a duty to remove the buildings listed in the separate sheet.

3. Determination as to Defendant C’s assertion

A. The assertion G, around 1955, donated this case’s land to the GJ, a South-North Dog, the Republic of Korea, the Republic of Korea, the Republic of Korea, to Japan, and the GJ donated this case’s land to the Defendant C, the DogJ, the Republic of Korea, on June 1, 1994.

Defendant C may receive the gift of the instant land.

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