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(영문) 서울북부지방법원 2015.12.24 2014가합24697

토지인도등

Text

1. The defendant shall be the plaintiff.

A. Of the land size of 866 square meters in Gangnam-gu Seoul Metropolitan Government, the attached drawing indication 22, 23, 24, 25, 26, 27, 28, 31, 32, among the land size of 866 square meters in Seoul Northern-gu.

Reasons

1. Basic facts

A. On July 16, 2014, the Plaintiff acquired ownership of 866/1071 shares and 628 square meters in Gangnam-gu Seoul Metropolitan Government (hereinafter “C land”) among 866/107 square meters (hereinafter “D”) through a voluntary auction on July 16, 2014.

B. The Defendant is the owner of C’s share of 205/1071 among the land. As seen above, the Defendant is the owner of C’s land, and the Plaintiff has connected each point of 22,23,24,25,26,27, 28, 31, 32, 33, 12, 34, 35, 36, 22, and 22 indicated in the attached drawing prior to the Plaintiff’s acquisition of ownership, the part of C’s land adjoining to C’ (hereinafter “instant land”) is one story of 1st 204, 256 square meters of 256 square meters of 3rd (hereinafter “the instant building”) among D’s land, and the part of C’s land adjoining to C’s 1st 204 square meters of 1st 204 square meters of 1st 204, 274 square meters of 14th 7th m2, 275.

C. Meanwhile, the first and second buildings of this case are owned by the defendant, and the third buildings of this case are owned by E.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 2 (including each number), appraiser F's appraisal result, the whole purport of pleading

2. Determination of removal of buildings and request for delivery of land

A. Article 1 of the Civil Act provides that a co-owner who owns a share in the determination of the cause for the removal of the instant building and the claim for the delivery of the instant land No. 1, or a person who has a right to claim the transfer of ownership of such share, shall be jointly owned without consultation with another co-owner.