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(영문) 대구지방법원 안동지원 2018.01.24 2017가단20258
건물등철거
Text

1. The defendant shall be the plaintiff.

(a) remove the buildings listed in Annex 2;

(b) Appendix 1.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 2, and 3:

On December 31, 2003, the registration of transfer of ownership (hereinafter “the registration of transfer of ownership”) was completed on December 30, 2003 on the land of 870 square meters in Andong-si, Andong-si, where C was owned.

B. On July 13, 2004, the land category of D 870 square meters in the same Dong-dong-si was divided into D 860 square meters and F 10 square meters in the same Dong-dong-si, Ansan-si. D 860 square meters in the same field was changed on July 14, 2004. On February 11, 201, the land category was changed to the farm site, and it was changed to D 860 square meters in the same field (attached Form 1; hereinafter “instant land”).

C. On September 27, 2015, E died, and the Plaintiff, as the wife of the network E (hereinafter “the deceased”), completed the registration of ownership transfer on October 14, 2015 for the instant land due to a consultation division.

C The Defendant, who is the wife of the instant land, newly constructed a building listed in attached Table 1 (hereinafter “instant building”) on the ground of the instant land and occupied and used the instant land.

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendant, the owner of the instant building, is obligated to remove the instant building and deliver the instant land to the Plaintiff, the owner of the instant land, unless there are other special circumstances.

B. Determination 1 on the Defendant’s assertion 1) The Defendant’s husband, who is the Defendant’s husband, shall enter into a title trust agreement on the land of this case with the deceased, who is the fifth degree of relationship (hereinafter “instant title trust agreement”).

B. The deceased completed the registration of ownership transfer of this case on December 31, 2003. Since the title trust agreement of this case and the ownership transfer registration of this case are invalid pursuant to Article 4(1) and (2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, the plaintiff is not the owner of the land of this case.

Therefore, ownership.

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