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(영문) 서울동부지방법원 2020.01.22 2018가단100206

건물등철거

Text

1. The lawsuit between the Plaintiff, Defendant C, and Defendant D is withdrawn on February 12, 2019, and Defendant D on January 23, 2019.

Reasons

Facts of recognition

A. The Plaintiff is an owner of each land listed in the separate sheet No. 2 (hereinafter referred to as “each land of this case”) who was awarded a successful bid on August 2, 2017 and completed the registration of ownership transfer on August 14, 2017. The Plaintiff is an owner of each land listed in the separate sheet No. 2 (hereinafter referred to as “instant land”) and completed the registration of ownership transfer on August 14, 2017. The I is an owner of each land of this case, and the I is an owner of each land of this case, which indicated in the separate sheet No. 1 drawings No. 1), a single floor of the asbestos slate structure, a single floor of the asbestos slate structure, a multi-story roof of the block structure, a single floor of the structure of blocks, a c) a structure of blocks, a single floor of the asbestos slate structure, a stove, a boiler room, a e.g., a unit, a warehouse, a 7)

B) B. I died on December 18, 1995, and jointly succeeded to the shares of Defendant D, Defendant B, Defendant C, and Defendant C, and Defendant C, who are their children, at the ratio of 3/11 shares, and their children, at the ratio of 2/11 shares, respectively. K died on September 23, 2008 and jointly succeeded to the shares of Defendant E, Defendant G, Defendant G, and Defendant H, who are their children, at the ratio of 3/9 shares, and their children, at the ratio of 2/9 shares, respectively. On July 2, 2013, J died, and the Defendants jointly succeeded to the shares of Defendant D, Defendant B, and Defendant C, Defendant C, Defendant F, Defendant G, Defendant G, and Defendant H at the ratio of 1/18 shares [the grounds for recognition, each of subparagraphs 1 through 3, 5, 6, 3, 3, and 1/18 shares, respectively.

2. The plaintiff, defendant D or defendant C may, ex officio, withdraw the whole or part of the lawsuit before a judgment becomes final and conclusive, and the other party’s submission of a preparatory document on the merits or statement or pleading at the preparatory date for pleading shall have the effect of obtaining the consent of the other party.

(Article 266(1) and (2) of the Civil Procedure Act. The Plaintiff submitted to Defendant D a written withdrawal of an action against Defendant D and Defendant C as of January 23, 2019 while seeking to remove the building and transfer the land to his heir.