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(영문) 서울중앙지방법원 2016.12.16 2015가합557027

토지인도

Text

1. Defendant B:

A. Of the area of 904 square meters in Gangnam-gu Seoul, Seoul, the respective points are indicated in the attached Form 7, 8, 9, 10, 11, and 7.

Reasons

1. Basic facts

A. On the ground of the Gangnam-gu Seoul Habro 904 square meters (hereinafter “instant land”), commercial buildings (19 units; hereinafter “instant commercial buildings”) with the third floor size of the third floor above the ground level on December 3, 197, on which approval for use was obtained on December 3, 197.

B. The Plaintiff, Defendant B, D, and F shared the instant land by partitioned ownership of the specific heading room of the instant commercial building. The details are as follows.

Defendant D 110 of 195, March 7, 1995, March 21, 2095, Defendant B 10 of 193/63/904, March 21, 1995, as of the date of acquiring the ownership of the land of this case, and Defendant B 1 of 109, December 63/904, December 16, 1999, Plaintiff B 101 of 3, 102 of 104, 302 of 304, 302 of 304, January 16, 2007 (302 shares of 1/2) 52.375/904, April 16, 2007, each of 194/106/4 of 201, 204, 301/6.4, 204, 301/6.4, 2014).

Defendant C operates a restaurant by leasing the above Nos. 109 and the above Nos. 110 from Defendant D, and Defendant G operates a coffee specialty by leasing the above No. 1111 from Defendant F.

On the other hand, on the latter part of the above 109, the separate drawing indicating 1 1 m2 m2.2 m2(a) of a partial household building (hereinafter “1”) and 24 m24 m2(a) of a household building with the same drawing on the latter part of the above 110 m2(a) and the latter part of the above 111 m2(a) are attached to the building with the same drawing on the latter part of the above 111 m2(a). Each of the above provisional buildings is used as the main bank of the above restaurant or coffee specialty.

[Ground of recognition] The fact that there is no dispute, Gap's 1 to 9 evidence, appraiser I, and J's each appraisal result, the whole purport of the pleading

2. As to the claim against the defendant B, D, and F

A. The plaintiff's assertion as to the removal of a building and the request for delivery of land by one party: The plaintiff's assertion as to the jointly owned property.