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(영문) 제주지방법원 2020.05.21 2018가단2935
건물철거 등
Text

1. The plaintiff's claim is dismissed.

2.For an independent party intervenor:

A. Defendant CDs shall be as shown in attached Form 2.

Reasons

1. Facts of recognition;

A. When Defendant B owned 2598 square meters (hereinafter “instant land before the instant partition”) prior to Seopopo-si in Seopo-si, Seopo-si, Defendant B laid down a building listed in the attached Table 2 (A; hereinafter “instant building”) on the ground.

B. After that, on January 3, 1995, H acquired ownership through a successful bid at the auction procedure and sold part of the shares to another person.

C. On November 9, 199, the Plaintiff registered the ownership transfer based on inheritance by agreement and division as of October 2, 199 with respect to the entire H shares among the land before the instant partition. D.

On September 2, 2016, the Plaintiff divided 490 square meters of the land before the instant partition into F (hereinafter “instant land”) and registered the ownership transfer to an independent party intervenor on October 13, 2016.

E. As a result of land partitioning, the instant building existed on the parcel number of the instant land, and there is a period in which Defendant CD resides as of the closing date of pleadings.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1 through 6, result of commission of appraisal to the director of the Seogpo District Office in the Korea Land Information Corporation, purport of whole pleadings]

2. The Plaintiff’s determination as to the Plaintiff’s claim is to claim that the Defendant CD withdraw from the cement block structure, 35.4 square meters in storage on the instant land, and Defendant B remove the relevant single story warehouse.

However, as recognized, the owner of the land of this case is an independent party intervenor, not the plaintiff, and thus the plaintiff's claim cannot be accepted.

(Supplementary Plaintiff filed an application for withdrawal from a lawsuit, but withdrawal has no effect on the grounds of the Defendants’ express consent). 3. Determination as to the claims of an independent party intervenor

A. An independent party intervenor who is the cause of the claim filed a claim against the plaintiff and the defendants to verify that the building listed in attached Form 2 is one’s own ownership, and to leave the building of this case against the defendant CD.

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