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(영문) 청주지방법원 2017.04.28 2016가단104609

건물등철거

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

D G F E M K L L LH I J

1. Facts of recognition;

A. On August 18, 2015, the Plaintiff was awarded a successful bid by 75/651 of the amount of 93 square meters (hereinafter “instant land”) in the process of public sale conducted by the Korea Asset Management Corporation in the Cheongju-si.

The instant land is surrounded by the site of a parcel, as seen from the right-hand map, and is in the shape that one is attached to the embankment.

FC

B. The Defendant is the owner of 55/93 shares in the instant land, and owns a double-story detached house of reinforced concrete structure (hereinafter “instant house”) holding the same plane as the left-hand drawing on the ground of the part indicated in (i) the left-hand map of the instant land (hereinafter “Defendant-owned portion”) and the Cheongju-si, equivalent to that of the Cheongju-si, a neighboring Cheongju-si, a size of 110 square meters (hereinafter “F site”).

3) Meanwhile, around November 19, 2003, the instant housing was newly built by O, which was 55/93 of the instant land and the owner of F site. The Defendant purchased the instant housing and its entire site from O and completed the registration of ownership transfer on November 6, 2007. [In the absence of any dispute over the grounds for recognition, Gap, 1, 3, and 5, Eul, 1-1, 1-2, and 2, and the purport of the entire pleadings, all of the arguments, and arguments.

2. Determination on removal of a house and request for the delivery of a site

A. Even if the plaintiff's assertion is one of co-owners, the defendant cannot exclusively use and benefit from the part of the land in this case, unless there exists a resolution between co-owners on the use and profit-making of the land.

Therefore, the defendant is obliged to remove the house of this case on the land occupied by the defendant, which is exclusively used and used, and to deliver the part occupied by the defendant to the plaintiff as other co-owners.

B. Determination of the specific method for the use and profit-making of the common property among the co-owners shall be determined by a majority of co-owners' shares, and the co-owners of a majority share shall be different.