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(영문) 창원지방법원거창지원 2015.01.20 2014가단2339
건물철거 등
Text

1. From October 18, 2013, the Defendants lost the Plaintiff’s 1/15 share of 2516 square meters in JJ, Chang-gun, Chungcheongnam-gun, Gyeongnam-gun, Plaintiff A from October 18, 2013.

Reasons

1. Basic facts

A. The “instant land” was originally owned by the Sig-gun, Chang-gun, Chungcheongnam-gun, J. J. 2516 square meters (hereinafter “instant land”). The Sig-gun constructed each of the buildings listed in the separate sheet on the above land (hereinafter “each of the instant buildings”) on the ground.

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 the shares of 2/15 shares, respectively.

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

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 among the land in this case. The defendants' possession and possession of each of the buildings in this case on the land in this case without permission do not exercise their rights as co-owners. Thus, the defendants have a duty to remove each of the buildings in this case to the plaintiffs, and to deliver the part of the possession of each of the buildings in this case (the plaintiffs seek to transfer the part of 335.47m2, the part of their share among the land in this case, but they are obligated to deliver the part of possession of each of the above buildings in this case).

B. The shares of co-owners are co-owners for the purpose of determining the specific method for using and making profits from the article jointly owned by the co-owners.

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