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(영문) 춘천지방법원강릉지원 2017.05.30 2016가단51992
건물철거 등
Text

1. For the plaintiffs:

A. Defendant C is each indicated in attached Form 10, 11, 7, 8, and 10, among the 268 square meters in 1 Gangseo-si F. 268 square meters.

Reasons

1. Basic facts

A. On November 30, 2015, the Plaintiffs purchased 175 square meters from H-si FJeung-si 268 square meters and GJ-si 175 square meters and completed the registration of ownership transfer on February 29, 2016.

B. Defendant C newly constructs and owns a building on the ground of 42 square meters in the order of each point indicated in the annexed drawing No. 10, 11, 7, 8, and 10 among the F land. The part of item (a) in the ship which successively connects each point of 1,2, 3, 4, 11, 10, 8, 9, and 10 square meters in the order of each point indicated in the same drawing No. 11, 4, 5, 6, 7, and 11 among the land in the ship, shall occupy as dry field the part of the data processing system, which is 51 square meters in the order of each point indicated in the same drawing No. 11, 4, 5, 6, 7,

C. Around April 2006, Defendant D and E purchased a warehouse located on the ground of 9 square meters, which successively connects each point of (a) part of 116 square meters of land and each point of 4,5,6,19, 19, and 4 of the same drawings, among G land, among the items indicated in the annexed drawings No. 2, 2, 3, 18, 17, 16, 15, 8, 9, 14, 13, 12, 12, and 2. Around April 2006, Defendant D and E purchased a warehouse located on the ground of 9 square meters of land connected each point of 3,4,19, 18, and 3 of the same drawings.

[Ground of recognition] The entry of Gap evidence 1, 2, and Gap evidence 3, the result of the appraisal commission to the Korea Land Information Corporation, the purport of the whole pleadings

2. Determination

A. According to the above findings of determination as to the cause of the claim, Defendant C is obligated to remove the above land (b) part of the F’s land, and (a) part of the above land and the ship (a) field, and the remedy for damages on the ship. Defendant D and EG land are obligated to remove the above above land and the ship (a) part of the ground warehouse and the remedy for damages on the ship, and deliver the dry field to the Plaintiffs.

B. The Defendants asserted that the Defendants first concluded a lease agreement with H, the former owner of the instant land, and asserted that they exercise the Plaintiff’s right to purchase each of the buildings and warehouses owned by the Defendants, but may oppose the Plaintiff.

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