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(영문) 대전지방법원서산지원 2016.01.26 2015가단53614

건물등철거

Text

1. The Plaintiff:

A. Defendant D and Defendant E jointly and severally indicate the attached appraisal 1,2.2.

Reasons

1. On August 20, 2015, the Plaintiff, which caused the claim, completed the registration of ownership transfer due to the sale of each real estate listed in the separate sheet due to voluntary auction.

Defendant B is a building owner who has obtained a building permit on the ground of the real estate listed in the attached Table 2 and 3, and Defendant C is a building owner who has obtained a building permit on the ground of the real estate listed in the attached Table 4 and 5, and Defendant D and Defendant E are the building contractor.

Attached Form

On the ground of the real estate listed in the list 1, a steel pipe greenhouse, which appears to be for storing materials, etc. necessary for construction works to be constructed on the ground of the real estate listed in the attached list 2 through 5, is installed, and each real estate listed in the attached list 2 through 5, is located on the floor to carry out construction works, and the construction works are left neglected.

Accordingly, the Plaintiff sought removal of the building and delivery of the land to the Defendants as stated in the purport of each claim, but all the Defendants rejected it.

Therefore, the defendants are obligated to remove the above ground objects and deliver each of the above ground objects to the plaintiff, as they refuse to deliver them without permission, since they installed the above ground objects without permission and use them without permission.

The obligations are in a non-joint and several relationship among the defendants.

2. Judgment made based on the presumption that he/she is absent (Article 208 (3) 2 of the Civil Procedure Act).