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(영문) 창원지방법원 2015.09.23 2015나3062
건물철거 등
Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. Basic facts

A. The instant land was originally owned by the network K, and the network K constructed each of the instant buildings on the ground above the land.

B. The Network K died on August 10, 1993, and Defendant C 3/15 shares in the instant land and each building, and the remaining Defendants inherited 2/15 shares in each of the instant land and each building.

C. After that, on March 8, 2012, the entire shares of Defendant C in the instant land were acquired through a compulsory auction by L on March 8, 2012, and the entire shares of Defendant G acquired each 1/15 shares through a compulsory auction by the Plaintiffs on October 18, 2013.

Meanwhile, the monthly rent of the instant land is KRW 25,160.

(The plaintiff is deemed to have calculated the monthly interest of 5% per annum on the 6,038,460 won, which is the appraisal price of the land of this case, as the monthly rent for the land of this case. Thus, the above 25,160 won is deemed to be the monthly rent for the entire land of this case). [Grounds for recognition] Each confession (Article 208(3)2 of the Civil Procedure Act)

2. Determination as to removal of buildings and request for delivery of land

A. The plaintiffs own 1/15 shares of the land of this case. The plaintiffs did not exercise their rights as co-owners on the land of this case without permission. Thus, the defendants removed each of the buildings of this case to the plaintiffs. Among the land of this case, the plaintiffs have a duty to deliver the part of the possession of each of the buildings of this case (the plaintiffs seek to deliver the part of 335.47m2, which is the part corresponding to their share ratio among the land of this case. However, the plaintiffs have a duty to deliver the part of possession of each of the above buildings of this case to the plaintiffs.)

B. Determination of detailed methods for use and profit-making of the article jointly owned by the co-owners shall be made with regard to the management of the article jointly owned by a majority of co-owners, and a majority of co-owners of shares shall be co-owners in advance with other co-owners.

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