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(영문) 서울중앙지방법원 2016.03.24 2015가단5218566
건물
Text

1. The defendant shall order the plaintiffs to order the buildings listed in the attached list.

2. The costs of lawsuit shall be borne by the defendant.

Reasons

1. According to the overall purport of each statement and pleading by Gap evidence Nos. 1-4 (including branch numbers), the plaintiffs are co-owners of the buildings listed in the separate sheet (hereinafter "the buildings of this case"), and since the defendant is recognized to possess the buildings of this case, it is obligated to order the plaintiffs to order the buildings listed in the separate sheet unless the defendant proves the right to possess the buildings of this case.

2. As to this, the defendant asserted to the effect that D, the representative of the defendant, purchased the building of this case with the plaintiffs and operated the inspection, and the defendant has the right to possess the building of this case. However, in light of each description of evidence No. 4, the above argument is difficult to believe, and there is no other evidence to acknowledge it.

3. Accordingly, the plaintiffs' claims seeking the clarification of the building of this case are justified.

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