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(영문) 수원지방법원 2015.08.20 2014가단37732

무허가건물퇴거 및 철거 등

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1. The Plaintiff:

A. Defendant C indicated in the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 9, among the land size 4,935 square meters in the wife population I, G.

Reasons

1. Facts of recognition;

A. The Plaintiff shared the land of this case with Nonparty J, K, L, etc. with the wife population of 4,935 square meters (hereinafter “instant forest”) in proportion to 1/4 shares, together with Nonparty J, K, and L.

B. Among the instant forest land, there is a bridge roof, brick, and wooden building (hereinafter “instant building”) on the ground of 140 square meters in parts 1 to 20, and 140 square meters (hereinafter “instant land”) connected with each point of the annexed drawings among the instant forest land.

C. The instant building is owned by Defendant C, and Defendant B is the husband of Defendant C, and Defendant H is the husband and wife of Defendant G and the husband of the instant building. The said Defendants are also residing in the instant building with Defendant C.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 10 evidence (including each number), the purport of the whole pleadings

2. Determination as to the removal of the building against Defendant C and the claim for the delivery of the land, and the claim for the removal of the building against Defendant B, G, and H

A. On the ground of the instant land on which the Plaintiff owned co-ownership, Defendant C owned the instant building and occupied the part of the instant land, which is its site. As seen earlier, Defendant B, G, and H were living in the instant building along with Defendant C. As long as Defendant C did not prove the legitimate title to occupy the said land, Defendant C is obligated to remove the said building, deliver the instant land, and remove Defendant B, G, and H, who resides in the said building together with Defendant C, unless they prove the legitimate title to occupy the said land.

B. Defendant C, B, G, and H’s assertion and determination 1) The main point of the instant building is as follows: (a) Nonparty C, B, G, and H’s assertion is as follows: (b) Nonparty N, the owner of the instant forest at the time of around 1954, (c) purchased 30 square meters south/west of the instant forest land from the Si tide department of the Plaintiff, and newly constructed the instant building on that ground; and (d) M is residing for about 20 years in the instant building.

On March 1974, the above building and the land of this case, which are its site, were sold to Nonparty O, and Defendant .