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(영문) 부산지방법원 2015.01.23 2013나10977

건물철거 및 부당이득금반환

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1.The judgment of the first instance, including any claims added at the trial, shall be modified as follows:

For the plaintiffs, .

Reasons

1. Facts of recognition;

A. On August 31, 2011, the Plaintiffs jointly purchased 275/3,669 shares of the instant land owned by Defendant C among the instant land during the procedure for compulsory auction by Busan District Court I, and thereafter owned 275/7,338 shares of each of the instant land until now.

B. Defendant D owned a building on the instant land and its neighboring land. Of the instant land, part of the instant building is on the land totaling of 22.6 square meters inboard (3) parts connected in sequence to each point of (i) and (ii) of (iii) of (i) of the attached drawings attached to the instant land, which are connected in sequence to each point of (i) and 8,9,10,10,11,54, 53, 52, 52, and 6 of the attached drawings.

Defendant D obtained from the Republic of Korea on April 23, 1986 for the possession of the above part of the instant land from 287/3,669 shares equivalent to the size of the said building with respect to the instant land, and completed the registration of ownership transfer on May 14, 1986, and thereafter owned it until now.

C. Defendant E owns a building on the instant land and its neighboring land, and part of the above building is on the ground of 46.9 square meters inboard (4) part, which connects each point of the attached Form Nos. 55, 56, 14, 15, 57, and 55 among the instant land in sequence.

Attached Form

The “L” in the drawing is a clerical error in the E.m.

Defendant E obtained from the Republic of Korea on September 21, 1989 651/3,669 shares of the land of this case corresponding to the size of the above building for the possession of the above part of the land of this case, and completed the registration of ownership transfer on September 27, 1989, and thereafter owned it until now.

Defendant F owned a building on the instant land and its adjoining land, and part of the above building is on the ground of 1.5m2 inboard (2) which connects each point of the attached Form Nos. 2, 3, 47, and 2 among the instant land in sequence.

Defendant F, on November 3, 200, for the possession of the above part of the instant land, shares of 64/3,669 corresponding to the size of the said building with respect to the instant land from the Republic of Korea.