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(영문) 대전지방법원 2020.10.21 2019나114063

건물등철거

Text

1. Revocation of a judgment of the first instance;

2. The Defendants are to the Plaintiff:

(a)each corresponding inheritance share listed in the separate sheet 1;

Reasons

1. The reasoning for this Court’s explanation is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, inasmuch as the reasoning of the judgment of the first instance is the same as that of Paragraph 1, except for the dismissal as follows.

The "attached Form 1" in the fourth 15th 15th m of the judgment of the court of first instance shall be removed from "attached Form 1", and the "I" in the same manner shall be added "(the inheritance shares of U, who are lineal descendants of the deceased, shall be 30/405)."

In the fourth 16th 16th 16th m of the judgment of the court of first instance, the term "attached Form 2" shall be read as "attached Form 2", and "(hereinafter referred to as "instant land") as "(hereinafter referred to as "each of the instant land", and where it is individually referred, as "the land in paragraph 1 of this case", respectively.

In the fourth 19th 19th 4th 19th 19th 19th 19th 2th 5th 5th 5th 5th 5th 5th 5th 5th 5th 5th 5th 5th 5th 5th 5th 5th 5th 5th 5th 5th 5th 4th 4th 4th 4th 4th d “each of the instant buildings” with “attached Form 3”.

The court of first instance shall delete 6~10 of the 5th judgment.

During the 11th trial of the first instance, “3 and 4 evidence” is added to “A,” and “each description and image of evidence B No. 13-13” is added to “3 and 11-12.”

2. The parties' assertion

A. The Plaintiff’s assertion that each of the instant buildings was constructed on each of the instant lands owned by the deceased around 1998 by the deceased, and the Defendants, the inheritor of the deceased, owned by the deceased, occupy each of the instant lands without any title while sharing each of the instant buildings according to their respective inheritance shares.

Therefore, the Defendants are obligated to remove each of the instant buildings with respect to their co-ownership shares to the Plaintiff and deliver the relevant part of each of the instant land (hereinafter “the instant part of possession”).

B. Defendant C, D, E, G, K, N, P, Q, R, S, and T (hereinafter above Defendants are “Defendant C, etc.”), and Defendant C.