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(영문) 대전지방법원공주지원 2017.11.09 2017가단20455

건물등철거

Text

1. The Plaintiff:

A. Defendant B: the real estate listed in Section 1 of [Attachment];

B. Defendant C shall be listed in [Attachment] Section 2.

Reasons

1. According to the overall purport of Gap evidence Nos. 1 and 3 as to the cause of the claim, the plaintiff completed the registration of ownership transfer on December 12, 2016 with respect to the general building register of buildings listed in attached Table Nos. 1 and 2 (hereinafter “the building No. 1”) on the ground of voluntary auction on December 16, 2016 (hereinafter “instant site”). On the ground of the instant site, each unregistered building listed in attached Table Nos. 1 and 2 is constructed. On the general building register of buildings listed in attached Table No. 1 (hereinafter “the building No. 2”), Defendant B is the owner, and H is the owner of the building listed in attached Table No. 2 (hereinafter “the building No. 2”), while H dies dies on October 18, 2013, thereby recognizing the fact that Defendant C inherited his/her inherited property.

According to the above facts, by owning the building No. 1 of this case, Defendant B, who occupied the part of the building No. 1 of this case and obstructed ownership by owning 2/9 shares among the building No. 2 of this case, and Defendant C, who occupied the part of the building No. 2 of this case among the building No. 1 of this case and interfered with ownership of the building No. 2 of this case, shall remove each part owned by the Defendants among the buildings No. 1 and No. 2 of this case, the owner of

(However, the Plaintiff sought removal of the instant building No. 2 and delivery of its site jointly with D, E, and F, co-inheritors of the deceased H. However, Defendant C cannot be deemed to own the shares of co-inheritors other than the shares inherited by Defendant C among the instant building No. 2. Therefore, the Plaintiff’s claim against Defendant C for removal and delivery of the remaining 7/9 shares, among the instant building No. 2, cannot be accepted.