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(영문) 서울중앙지방법원 2016.12.14 2015나70647

건물철거 등

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

3. Decision 1 of the court of first instance is delivered.

Reasons

1. The first instance court, which judged the legitimacy of Defendant W’s appeal, shall serve a copy of the complaint against Defendant W and a notice of the date for pleading, etc. by public notice on the date for pleading against Defendant W, and subsequently made a judgment of the court of first instance which admitted the Plaintiff’s claim against the Defendant W, the original copy of the judgment of the first instance also served on October 15, 2015 by public notice, and the fact that Defendant W appointed an attorney on November 2, 2015 and submitted the petition of appeal on November 2, 2015 is obvious.

According to the above facts of recognition, Defendant W was unable to comply with the peremptory period due to a cause not attributable to himself, and Defendant W filed a subsequent appeal within a lawful period from the time the first instance judgment became aware of the fact that it was served by public notice. Thus, Defendant W’s subsequent appeal is lawful.

2. Judgment on the merits

A. (A) On October 19, 1989, the Plaintiff purchased the building on three floors of the Jongno-gu Seoul AJJ 197.7 square meters and the ground registration of ownership transfer with respect to the Plaintiff’s land and the Plaintiff’s building on December 5, 1989.

(B) The Defendants’ co-owned land of the Jongno-gu Seoul Metropolitan Government AK-240.3 square meters and the third floor of the lub roof of the ground reinforced concrete structure (hereinafter the above land is referred to as “Defendant’s co-owned land,” and the above building is referred to as “Defendant’s co-owned building”) are network AL (Defendant Q Q, Defendant R, Defendant S, and Defendant T’s property heir; hereinafter the same shall apply), network AM (Co-Defendant Z of the first instance trial, AAAB, AB, AC, and Defendant AD’s property heir; hereinafter the same shall apply), Defendant H, Defendant D, Defendant C, Defendant E, Defendant E, networkN, and network AO (Defendant AE, Defendant AF, Defendant AG, Defendant AG, Defendant AH, Defendant AH, and Defendant AI’s heir; hereinafter the same shall apply), Defendant F, Defendant G, Defendant J., Defendant G, Defendant GP, Defendant GP, Defendant MP, and Defendant CO (Defendant C’s heir);