beta
(영문) 수원지방법원여주지원 2014.07.03 2013가단1831

건물등철거

Text

1. The Defendants are not less than 705 square meters in Echeon-si H 705 square meters in proportion to their respective shares of 1/6.

(a) an indication of the attached drawings 13, 14, .

Reasons

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer on June 12, 1981 on the ground of sale on January 10, 1974 with respect to H 705 square meters (hereinafter “instant land”).

B. At around December 15, 1989, I successively connected each point of the separate sheet No. 13, 14, 15, 16, 17, and 13 among the land in this case (hereinafter “land of this case”) on the ground of cement soil wall No. 56 square meters (hereinafter “building of this case”) and one 56 square meters in 16, 17, 18, 19, and 16 square meters in separate sheet No. 16, 17, 18, 19, and 16 (hereinafter “the land of this case”) on the ground of block No. 13, 14, 15, 16, 17, and 13 (hereinafter “the building of this case”) and one 6 square meters in 20,21, 2221, 202, and 30, 30, 30, 30, 30, 30, 20,” respectively.

C. Following the death of I, the Defendants, who are the children of I, jointly succeeded to the shares of 1/6 each, respectively.

[Ground of recognition] The statement Nos. 1 and 2 of this Court, the fact-finding results of the J-Myeon Office and the K-Myeon Office of this Court, the results of the request for surveying and appraisal of appraiser L, the purport of the whole pleadings

2. Determination

A. According to the reasoning of the judgment on the grounds of the claim, the Defendants are obliged to remove the buildings under item (a) and (b) of this case, and to deliver the land to the Plaintiff, according to the ratio of 1/6 shares, respectively, to the Plaintiff.

B. The Defendants alleged that the instant item (a) (b) and (c) of this case were solely inherited by Defendant D, but it is not sufficient to recognize the facts stated in the evidence No. 1, and there is no other evidence to acknowledge it. Thus, the Defendants’ assertion is without merit.

3. Thus, the plaintiff's primary claim against the defendants.