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(영문) 의정부지방법원 2013.04.23 2012가단23108

건물등철거 등

Text

1. The Plaintiff:

A. Defendant B and C indicated in the attached Form No. 1,2,3,4,5, 6, 7, 8, 9, 10, among the area of 1,174 square meters in Yangju-si.

Reasons

1. Facts of recognition;

A. The Plaintiff owned the land of this case in Yangju-si, E, 1,174 square meters (hereinafter “instant land”).

B. Defendant B and C, in sequence with each point indicated in the annexed drawing Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 19, 11 and 1 among the land in the instant case, owns and actually possess a 161 square meters building and a 161 square meters building in the “A” part of the “A” and a 12, 13, 14, 15, 16, 17, 18, 19, 20, 20, 21, and 12, connected with each point of the annexed drawing Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 19, 19, 11, and 12.

C. In addition, Defendant D actually owned and occupied an asbestos slate building (a building is unregistered as it does not have a building ledger) on the part of “ivivable” connected with each point of the attached Form No. 24, 25, 26, 27, 28, 29, and 24 among the instant land in sequence.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, and 3 each entry 1, 2, and 3, the result of the survey and appraisal conducted by appraiser F, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendants owned and occupied the building as above on the land owned by the Plaintiff. As such, Defendant B and C must remove the part of “A” and the part of “A” connected with each of the above 12,13,14,15,16,17,17, 19,20,21 and 12 in order to each of the above 1,2,3,4,5,6,7,7,8,9, 10,111, and 11 in the order of priority among the 1,174 square meters in each of the above 1,174 square meters in Yangju-si, and 12,13,14,15, 16, 17, 18, 19, 20, 21, and 12, and remove the above 161 square meters in each of the above 161 square meters in each of the above land and the above 244,2,27, 244, m24, and m.

3. Determination as to the defendants' defenses