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(영문) 서울서부지방법원 2019.02.19 2016나3960

건물철거등

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1. The judgment of the court of first instance is modified as follows.

Defendant C and D are set forth in [Attachment 2] Nos. 1, 2, and 5.

Reasons

1. Basic facts

A. The Plaintiff is the owner of each land listed in the separate sheet No. 1 from June 16, 2006 until now.

B. From March 12, 2007, the net B owned a house with the Robbro and the 2nd floor (hereinafter “instant house”) from around March 12, 2007, the Plaintiff owned each of the land listed in the attached Table 3 (hereinafter “each of the instant land possession”). However, the instant house occupies each of the land listed in the attached Table 3, among the land listed in the attached Table 1, owned by the Plaintiff.

In addition, on each of the lands occupied by this case, the parking lots of this case are installed on the ground of part 9 square meters (the same as that indicated in paragraph (1) of the attached Table 2; hereinafter referred to as "part") of "bb" connecting each of the points in the attached Table 1 No. 1 of the attached Table No. 5, 6, 7, 8, 9, 10, 11, and 5 of the attached Table No. 1 of the attached Table No. 1 among the lands listed in paragraph (1) of the attached Table No. 1 of the attached Table No. 1 of the attached Table No. 7, 8, 12, 13, and 7 of the attached Table No. 2 of the attached Table No. 1 of the attached Table No. 1 of the attached Table No. 1 of the attached Table No. 1 of the attached Table No. 1 of the attached Table No. 1 of the same case, and the building No. 5 of the attached Table No. 1 of the same part as "A" of this case No. 2 of the attached Table No. 4.

C. Meanwhile, the Defendants, who are children of the network B, taken over the instant lawsuit as the heir of the network B, and the Defendants’ share in inheritance is 1/4 each.

Defendant F completed the registration of ownership transfer on July 18, 2016 with respect to the portion of 1/4, which is one’s own share of the instant housing, to Defendant D on July 4, 2016, based on sale and purchase as of July 4, 2016. Defendant E completed the registration of ownership transfer on April 17, 2018 with respect to the portion of 1/4, which is one’s own share of the instant housing, to Defendant D on March 15, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, and Eul.