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(영문) 창원지방법원마산지원 2015.04.23 2012가단4308
건물등철거 및 토지인도
Text

1. Of the real estate listed in the Schedule of Attached 2 to the Plaintiff:

A. Defendant B indicated in attached Form 14, 3, 4, 5, 6, 7, 8, 15.

Reasons

1. Facts of recognition;

A. The Plaintiff is a right holder of real estate listed in the attached Forms (1) and (2).

B. Defendant B, among the real estate listed in the attached Table 2 (2) prior to several hundred and sixty years, built a building on the ground level of 45 square meters on the part of (B) area connected in sequence with each point of the items indicated in the attached Table 14, 3, 4, 5, 6, 7, 8, 15, and 14, which is located in the above building until December 10, 1968.

C. Defendant C, among the real estate listed in the attached Table 2 (2) prior to a hundred and sixty years, has constructed a building on the ground of 48 square meters in the part on the ship (A) section, which is successively connected to each point in the attached Table 1, 2, 14, 15, 9, 10, 11, 12, 13, and 1, among the real estate listed in the attached Table 2 (A), and has been residing in the above building until the date of the move-in report.

Attached Form

(1) Real estate entered in the list is real estate; the network AH is 23.14 square meters of a 1st floor in around 1940; the network AI is 23.14 square meters of a 1st floor and 13.22 square meters of a 1st floor in around 1927; the network AJ is 29.75 square meters of a 1st floor in around 1950; the network AK is 26.45 square meters of a 1st floor in around 1936; the network AK is 16.53 square meters of a 1st floor in a 1st floor and 16.53 square meters of a 1st floor in a house; the network AL is newly constructed in around 1936 square meters in a 23.14 square meters of a 1st floor in a 1936-round.

E. The remainder of the Defendants, other than Defendant B and C, succeeded to the Deceaseds listed in the attached Form No. 1 through No. 5 as indicated in the Inheritance Shares (1) through (5).

[Ground of recognition] Facts without dispute, entry of Gap 1 through 5 evidence (including paper numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. The summary of the Plaintiff’s assertion is that the Defendants build a building on the real estate listed in the separate sheet without any legal cause and occupy the above real estate without permission. As such, the Plaintiff, a co-ownership owner of the above real estate, is an act of preserving the jointly owned property, seeking to remove the building owned on the above real estate and transfer the portion of the building occupied.

B. The judgment of Defendant B on the claim against Defendant B is the owner of the real estate listed in the separate sheet No. 2, that is, the network AM or its heir.

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