logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.07.18 2016가단511555
토지인도
Text

1. The Plaintiff:

(a) Defendant B leaves the 2 building listed in the separate sheet;

B. Defendants C, D, E, and F shall be 1.5, respectively.

Reasons

1. Facts of recognition;

A. The land listed in the attached list 1 (hereinafter “instant land”) is the ownership of the “I clan clan” (hereinafter “the instant clan”), which is a clan, and was nominal trust by one sixth of each of the shares of J, K, L, M, N, andO, which is the members of the clan.

B. The Plaintiff is one of the heirs of the network K, registered as the owner of a share in the instant land.

C. On the instant land, 2 buildings listed in the separate sheet (hereinafter “instant building”) newly constructed around December 23, 1982 by the network P are constructed. D.

Defendant C, D, E, and F are the children of the network P, and Defendant G and H are the children of net Q, which are the children of the network P.

E. Defendant B leased and used the instant building from the rest of the Defendants, the heir of the network P.

[Based on the recognition] Defendant C, D, E, and F: The absence of dispute, each entry in the evidence Nos. 1 through 5, the purport of the entire pleadings, Defendant G, and H: Confession (Article 150(3) and (1) of the Civil Procedure Act)

2. According to the above facts finding as to the cause of the claim, Defendant C, D, E, F, G, and H occupy the instant land as the owner of the instant building without permission.

As such, Defendant B, one of the co-owners of the instant land, has the duty to leave the instant building to the Plaintiff, and Defendant C, D, E, and F have the duty to remove the instant building and deliver the instant land to the Plaintiff, with respect to one fifth shares, Defendant G and H have the duty to remove the instant building and deliver the instant land to the Plaintiff, respectively.

3. Determination as to Defendant B, C, D, E, and F’s assertion

A. The defendants are the real owners of the land of this case. The deceased P newly constructed the building of this case with the consent of use from the clan of this case. Thus, the plaintiff cannot seek removal of the building of this case from the defendants, and the cancellation of the above consent requires the consent of a majority of the co-ownership as a management act of the co-owned property. Thus, the plaintiff does not have a share of the majority of the land of this case.

arrow