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(영문) 창원지방법원 2017.01.25 2016나55060

건물명도

Text

1. All appeals by independent parties intervenors against the Plaintiff and the Defendant are dismissed.

2. The appeal costs.

Reasons

1. In the first instance court’s trial scope, the Plaintiff filed a request for the delivery of a building against the Defendant, and the intervenors filed a request for ownership confirmation against the Plaintiff and the Defendant, and the first instance court dismissed the Intervenor’s claim for ownership confirmation against the Plaintiff and the Defendant, and all the Plaintiff’s claim and the remainder of the Intervenor’s claim were dismissed.

With respect to this, only the intervenors appealed against the plaintiff and the defendant. The subject of the judgment of this court is limited to the claim for confirmation of ownership against the plaintiff and the defendant, and the claim for delivery of a building against the defendant.

2. Basic facts

(a) Formation of E Association 1) The land of 11,574m2 (hereinafter referred to as “the land before the instant subdivision”) in Seongdong-gu, Changwon-si, Sungwon-si;

Since February 8, 1999, this was divided into G 7,796.5 square meters and H 3,778.2 square meters.

(B) the network F, a part of the co-owners, et al., and 32 others (hereinafter referred to as “co-owners”).

) A commercial building on the 4th and the 9th above ground (hereinafter “commercial building”) shall be on the above land.

(2) The Intervenor C, K, and L agreed that the deceased F as a member of the E Association according to the division of inheritance agreement shall succeed to all of the rights of the Intervenor C, upon the division of inheritance agreement. The Intervenor C, K, and L agreed that the deceased F as a member of the E Association shall succeed to the division of inheritance agreement.

B. On December 30, 1989, the props obtained a building permit as to the commercial building by designating the “net F and 32 persons” as the owner. 2) Since May 9, 1991, the props entered into a contract for the new construction of the commercial building with J Co., Ltd. (hereinafter “J”) on May 9, 199, to pay the construction price in full except for the first and third floors on the land reserved as owned by the props among the commercial buildings, and to guarantee the payment of the construction price.