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(영문) 춘천지방법원 원주지원 2018.11.08 2017가단35396

건물등철거

Text

1. The defendant is against the plaintiffs:

(a) Attached 24, 25, 26, 27, 4, 5, 28, 28, among the real estate listed in Attached 1 List.

Reasons

1. Facts of recognition as the basis;

A. The Plaintiffs purchased respectively on July 14, 201 from Nonparty F, G, H, I, and J, the co-owner of Nonparty F, H, H, I, and J, respectively, and completed the registration of ownership transfer for shares on and after the 21st day of the same month.

B. Each land of this case was divided into L, M, N, andO on the ground divided into D with the area of 4,684 square meters in Kui-si, Kui-si, and then divided into L, M, N, andO. On December 1979, the Defendant leased part of K, which is the land before the said division, from Hanju-si P, the land before the said division (hereinafter “land before the division”), and constructed or installed on the ground of the attached drawing indication (c), (iv), (v), (v), (vi), each part of the housing building and vinyl, and the tent building, etc. (hereinafter “the instant building, etc.”) on the ground before the said division.

C. Among the instant buildings, each part among the buildings, etc., (c), (d), (e), (vi), and (vi) is located on the ground of the land (hereinafter “land No. 1”) indicated in the attached Table 1, which is finally divided by the said K, and the (i) the part on the ground of the land No. 2 as indicated in the attached Table 1 (hereinafter “the land No. 2”).

[Ground of recognition] Facts without dispute, Gap 1 through 5 evidence, Eul 1 (including each number), 6 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. According to each of the above facts finding as to the plaintiffs' claim, barring special circumstances, the defendant is obligated to deliver each of the lands of this case to the plaintiffs who are co-owners of each of the lands of this case and remove the buildings of this case. The plaintiffs are obligated to pay unjust enrichment from possession and use until the delivery of the above lands is completed in accordance with their respective share ratio.

B. The defendant's assertion and the first defendant's assertion that the land of this case was leased from the deceased P, the non-party F, and I, the heir, and paid or deposited the rent normally. Therefore, the legitimate title of possession is recognized.