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(영문) 수원지방법원 2018.01.26 2016가합81105

토지인도

Text

1. Defendant B’s appraisal on the attached sheet No. 5, 6, 7, 8, 9, 12, 13, 14, 15.

Reasons

1. Basic facts

A. The Suwon-si D market is a traditional commercial-type D market consisting of two commercial-type buildings and a street store between the above buildings. Among them, multiple co-owners own the said building and the land corresponding to the said building site in the form of sectional co-ownership.

B. As one of the above co-owners, the Plaintiff owns 3.05/683.6 and 16.529/6/6 of shares in the land listed in attached Table No. 1 (hereinafter “instant land”); and owned 8.39/89 shares among the buildings listed in attached Table No. 2 of the said land (hereinafter “instant building”); and owned 25.39125/89 shares and 8,889/23.1406 shares in each of the buildings listed in attached Table No. 2 of the said land (hereinafter “instant building”); and owned two stores (hereinafter “instant store”).

C. Defendant B, as part of the right side of the instant store, is operating street points on the ground of the attached sheet No. 9, 10, 11, 12, 12, 3, 4, 4, 16, and 5 in sequence connected with each point of the attached sheet No. 5, 6, 7, 8, 9, 12, 13, 14, 15, 16, and 16, among the real estate listed in the attached sheet No. 3 of the attached sheet No. 9, 10, 11, 12, and 9, which are attached to the land of this case and connected with each point of the attached sheet No. 5, 6, 7, 8, 9, 12, 13, 15, 16, and 5. Defendant B, in sequence, is operating street points on the ground of “(1), 4.3 square meters on the ground of the real estate indicated in the attached list No. 3.

[Ground of recognition] Unsatisfy, each entry or image of Gap evidence 1 through 3 (including a branch number for those with a branch number), the result of the survey and appraisal by appraiser E, the purport of the whole pleadings, as a result of the on-site verification by this court

2. According to the above facts of recognition as to the claim against Defendant B, such as transfer of part of the land in this case, Defendant B, co-owner of the land in this case, has a duty to remove the above part of the ground facilities and deliver the above part to the Plaintiff.