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(영문) 청주지방법원 2019.10.24 2017가단113112
건물명도(인도)
Text

1. As to the real estate listed in the separate sheet Nos. 1 to 3, the first real estate shall be owned by the plaintiff, and the second and third real estate shall be owned by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff owns the real estate No. 4 (hereinafter “Plaintiff’s land”) indicated in the attached list, and the Defendant C owns the land D (hereinafter “Defendant’s land”) located in the petition-gu, Cheongju-si, adjacent thereto.

The Plaintiff and Defendant C share the same list 1 through 3 real estate (hereinafter “shared real estate”) with 1/2 shares, respectively.

B. Defendant B installed a vinyl house on the Plaintiff’s land and on the ground of the Defendant’s land, and planted trees on the two land. Of the vinyl, the part (C) part (hereinafter “the instant vinyl”) in the ship connected with each point of 26 through 33, and 26 indicated in the annexed drawing among the said vinyl houses is installed on the Plaintiff’s land.

EF G

(c) Regarding the location and shape of co-owned land, the first real estate is closed to the Plaintiff’s land, and the second and third real estate is located inside the Defendant’s land, and it is not the length to contribute to the Defendant’s land without passing through the Defendant’s land.

(See Attached Form 2, 2, 3 as if they were length between the real estate and the Defendant’s land in the cadastral map referring to the current status of the adjacent land, but it is not confirmed as the current status and it is difficult to enter into the land in itself). As of January 1, 2018, each cadastral, area, and officially announced value of the public

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 3, and 5 through 14, and the result of appraiser H’s survey and appraisal, the result of the on-site verification by this court, the purport of the whole pleadings

2. Judgment on the claim for partition of co-owned property

(a) Co-owners who have created the right to partition of co-owned property may file a claim for partition of the co-owned property (main sentence of Article 268(1) of the Civil Act). If the consultation on the method of partition does not lead to an agreement, co-owners may file a claim for partition with the court; if it is impossible to divide in kind or the value thereof might be reduced remarkably due to such partition, the

(Article 269 of the Civil Act). Accordingly, the Plaintiff, the co-owner of the instant real estate, is the Defendant C, the other co-owners.

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