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(영문) 춘천지방법원속초지원 2017.08.08 2015가단3527
건물철거 등
Text

1. With respect to each of the 1/5 shares to the Plaintiffs, the Defendants indicated in the attached Form No. 41, 42, 43, 44, 44, out of 792 square meters in Sincho-si, Sinsi.

Reasons

1. The facts below the facts are acknowledged as either a dispute between the parties, or as being recognized in full view of the statements (including additional numbers) in Gap evidence 1 to 5, the results of the survey appraisal in this Court, and the purport of the entire pleadings.

A. The Plaintiffs share H large 792 square meters (hereinafter “instant land”) in the proportion of Plaintiff A’s 714/792 shares, and Plaintiff B’s 78/792 shares, respectively.

B. The Defendants jointly inherited, among the instant land, one-fifthed one-five shares each of the instant 41, 42, 43, 44, 10, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 54, and 41 indicated in the attached drawings among the children of the network I (Death on February 2, 2013).

2. According to the above facts of recognition, the defendants are liable to remove the buildings with respect to each of 1/5 shares to the plaintiffs, and the co-inheritors' obligation to remove the buildings is indivisible due to their nature, and they bear the duty to remove the buildings within the limit of their respective shares.

(see, e.g., Supreme Court Decision 80Da756, Jun. 24, 1980). The instant house is removed and the said land is obligated to be delivered to the third party.

3. In conclusion, the plaintiffs' claim of this case against the defendants is justified, and it is so decided as per Disposition by the assent of all.

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