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(영문) 제주지방법원 2020.10.13 2020가단765
토지인도등
Text

1. The Defendants are among H 330 square meters in Seopopopo-si, Seopo-si, the Plaintiff’s share in the attached Table “Inheritance shares”.

Reasons

1. Facts of recognition;

A. On June 23, 2004, the Plaintiff is the owner of the instant land, which completed the registration of ownership transfer on the ground of sale due to voluntary auction on June 8, 2004, with respect to H 330 square meters (hereinafter “instant land”).

B. I successively connected each point of the separate sheet No. 5, 6, 7, 8, 9, 10, 11, 12, and 5 among the instant land to “B” part of “B,” the land of this case was newly constructed as a cement block structure, 33 square meters on the ground of “A” part of “A” connecting each point of the separate sheet No. 1, 2, 3, 4, and 1, and 56 square meters on the ground of “B,” the cement block structure, 15 square meters on the ground indicated in the separate sheet No. 2, and 16.17 square meters on the ground, and the separate sheet No. 2, the separate sheet No. 2, and the separate sheet No. 2, a cement block structure, 17 square meters on the ground.

(hereinafter referred to as "each building of this case" in total)

The deceased I (hereinafter “the deceased”) died on February 5, 1998, and thereafter inheritance and inheritance by representation have been made, and the Defendants and J inherited the deceased’s property as indicated in the “share of Inheritance” column of the attached Table.

[Reasons for Recognition] The facts without dispute, Gap 1 to 5 evidence (if there is a number, including a number; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the above facts of determination, the Plaintiff seeking the obstruction removal as the owner of the land of this case, and the Defendants, co-inheritors of the deceased, removed each of the buildings of this case as to their inheritance shares (i.e., the duty of removal of each of the buildings of this case against the Plaintiff by the first co-inheritors, as an indivisible obligation in its nature, bears the duty of removal of each of the buildings of this case within the limit of their respective shares), and is obliged to deliver

3. Thus, the plaintiff's defendants are examined.

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