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(영문) 청주지방법원제천지원 2016.07.06 2015가단973

건물철거 등

Text

1. The Defendants shall pay to the Plaintiff the share stated in the “share of inheritance” column for each Defendant in the attached Table 1 as to the Plaintiff.

Reasons

1. Facts of recognition;

A. K died on August 30, 2010 while owning the land listed in [Attachment 2] List 1 (hereinafter “instant land”). At the time of death, K died on August 30, 201, and L, M, and N, a child at the time of death.

M died on January 13, 2014, and there was O and P, the wife at the time of death.

B. Q died on November 25, 1999 while owning a building listed in Annex B(2) List on the ground of the instant land (hereinafter “instant building”). At the time of death, Defendant C, D, E, and R, who was the wife, was the wife, and Defendant C, D, E, and R.

R died on September 28, 2010. At the time of death, there was Defendant F, Defendant G, H, and I, the husband of the case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 11 (if there are additional numbers, including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the facts acknowledged in the above 1.1., the Plaintiff is a co-owner who owns some of the shares in the instant land in succession from K and M. The Plaintiff is a co-owner who is inherited each shares in the corresponding “share of inheritance” list by Defendant B, C, D, and E from Q, Defendant F, G, H, and R in succession from Q and Q and R among the instant buildings in succession.

The Defendants owned each of the instant land on the instant land and thereby interfered with the landowner’s exercise of ownership while occupying the instant land. The Plaintiff, a co-owner of the instant land, has the right to seek the delivery of the instant land possessed by the Defendants against the Defendants under the latter part of Article 265, Articles 213 and 214 of the Civil Act and the removal of the instant building owned by the Defendants interfering with the ownership of the instant land.

Therefore, the Defendants are obligated to remove the instant building and deliver the instant land to the Plaintiff with respect to the share indicated in the “share of inheritance” column for each Defendant in the attached Table (1).

3. Conclusion, the plaintiff.