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(영문) 춘천지방법원속초지원 2019.05.17 2017가단30790
건물등철거
Text

1. As to the Plaintiff, Defendant B’s 105/160 shares, Defendant D’s 20/160 shares, Defendant E’s 35/160 shares, and Defendant E’s F.

Reasons

1. Basic facts

A. The Plaintiff is the owner of 972 square meters (hereinafter “instant land”).

B. The Defendants are co-owners of 50.22 square meters of a cement brick structure and a pent roof (hereinafter “instant building”). Co-ownership shares are Defendant B’s 105/160, Defendant DD 20/160, and Defendant E’s 35/160.

C. Of the instant land, the instant building intrudes on the part (i) of 56 square meters inboard (hereinafter “(i) land”) that connects each point of the attached Form Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 1 in sequence among the instant land.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 4, the result of an appraisal commission to the Korea Land Information Corporation, the purport of the whole pleadings

2. According to the above findings of the determination, as to the Plaintiff, Defendant B, Defendant D, Defendant D’s 20/160 shares, Defendant E, and Defendant E, 35/160 shares, the part of the instant building, on which the land (A) is invaded, is removed, and the duty to deliver (a) land.

3. In conclusion, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition by admitting all of the claims.

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