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(영문) 대구지방법원 2015.11.25 2014가단32868
건물철거및 토지인도
Text

1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the separate sheet, each point is indicated in the separate sheet Nos. 6, 7, 8, 9, 10, and 6.

Reasons

1. Basic facts

A. On June 30, 2014, the Plaintiff purchased the said real estate in the auction procedure for partition of co-owned property on the real estate listed in the separate sheet (hereinafter “instant real estate”) and acquired the ownership thereof.

B. Prior to the Plaintiff’s purchase of the instant real estate, the instant real estate owns 45/2190 shares in Daegu City, E owns 164/2190 shares, F, G’s shares, 163.5/2190 shares, H owns 240/2190 shares, and 164/2190 shares (Provided, That this does not apply where it is unclear whether H is the same person as the owner of the said shares), and the remainder of 1250/2190 shares were owned by the Defendant.

C. The building J is constructed on the first ground of Daegu Dong-gu I adjoining to the instant real estate.

As the defendant's honor, the above J is established and is currently living in the J. D.

The instant real estate has an access road that can enter through the above J site. On the ground of the part 9 square meters in the attached Form 11, 12, 13, 14, 15, and 11, which is the lower part of the instant real estate, a block cuter (hereinafter “instant warehouse”) is installed on the ground of 9 square meters in order to connect each point of (b) part of the attached Form 11, 12, 13, 14, 15, and 11, and the block breaker (hereinafter “instant warehouse”) is located on the ground of 6, 7, 8, 9, 10, and 6, which is the upper part of the instant building, and a tin, a foundation, a D unit, and a foundation (hereinafter “instant tin, etc.”).

[Reasons for Recognition] Unsatisfy Facts, Gap evidence 1, 2, Gap evidence 4 through 7, Eul evidence 1 through 7, Eul evidence 1 to 7 (including a satisfy number; hereinafter the same shall apply), the result of the survey and appraisal conducted by appraiser K, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff alleged that the plaintiff's assertion exists in the part of (b) of the ship connecting each point of (i) the drawings indicated in the separate sheet No. 6, 7, 8, 9, 10, and 6 among the real estate of this case owned by the plaintiff, each point of which is indicated in (ii) the same map No. 11, 12, 13, 14, 15, and 11, and the defendant's warehouse and tin, etc. of this case owned by the defendant.

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