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(영문) 청주지방법원 2020.01.10 2018가단3885
건물등철거
Text

1. For the plaintiffs:

A. Defendant D each of the attached Form No. 1 of the land listed in the attached list No. 26 to 31, and 26.

Reasons

1. Facts of recognition;

A. The land listed in attached Table No. 1 (hereinafter “instant land”) owns 231/531 shares, 10/531 shares, 200/531 shares, and 200/531 shares, respectively.

B. Defendant D owns one floor of the soil brick structure built on the ground of 60 square meters in the attached Form No. 3, among the instant land.

(The building ledger is recorded in the attached list No. 2, and the "G" in the owner's name column appears to be a clerical error in D).

H owned one-story building of cement external wall structure built on the ground of 29 square meters in the attached Form No. 4 of the instant land (hereinafter referred to as “Attachment No. 3”), but H died on October 31, 2017, and Defendant E and F inherited the said building.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 8, the result of the survey and appraisal conducted by appraiser I, the purport of the whole pleadings

2. According to the facts of the above recognition, the plaintiffs, who are co-owners of the land of this case and exercise the right to claim the removal of interference based on their ownership, and the defendant D, among the land of this case, remove the building on the ground of 60m2 in the attached sheet (C) and deliver its part, and the defendant E and F, have the duty to remove the building on the ground of 29m2 in the attached sheet (d) among the land of this case and deliver its part. Thus, the plaintiff's claim against the defendants is accepted in its reasoning, and the plaintiffs expressed their intent to bear all the costs of the lawsuit of this case and the costs of the removal of each of the above buildings thereafter at the second date for pleading of this case. Thus, the costs of this case are determined to be borne by the plaintiffs.

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