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(영문) 인천지방법원 2018.06.12 2017가단5968
건물철거 등
Text

1. Defendant B:

(a) Annex 1, 2, 3, 4, and 1, respectively, shall be included in Annex 1, 2, 3, 4, and 1.

Reasons

1. Basic facts

A. The Plaintiff acquired ownership of 1433m2 in J-gun, Incheon, Incheon, J-gun (hereinafter “instant land”).

- Acquisition of shares on August 25, 2009 (sale as of June 30, 2009; remaining 1983/4761 shares at the time of registration) - Acquisition of shares on December 24, 2015 (sale due to voluntary auction as of December 18, 2015, as of December 18, 2015)

B. Of the instant land, there is a single-story building (hereinafter “instant building”) on the ground of 104 square meters in part (A), which connects each point of Section 1,2, 3, 4, 1, and 104 square meters in part (A) among the instant land, and there is a 5.98 meters in width, 2.97 meters in height, 2.97 meters in height, 2.52 meters in height (hereinafter “instant container”).

C. On November 5, 2014, the address of the Defendants is K (Land Number Address Address: Incheon J) of Incheon Reinforcement-gun.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 3 (including evidence with a serial number), the purport of the whole pleadings]

2. Summary of the parties’ assertion

A. The Plaintiff is the owner of the instant land.

Defendant B is the owner of the instant container located on the ground of 17.76m2 with the same drawings as the actual disposal authority of the instant building, which is located on the ground of 104m2 as indicated in the attached drawing indication (A) among the instant land, and the remainder of the Defendants are the persons residing in the instant building.

Therefore, Defendant B is obligated to remove the instant building and the instant container located on the instant land owned by the Plaintiff and deliver the site to the Plaintiff, and the remaining Defendants are obligated to withdraw from the instant building.

B. Defendant B’s summary of the Defendants’ assertion is a person who newly constructed the instant building and has legal superficies to own it, and thus, the Plaintiff cannot seek removal of the instant building against Defendant B.

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