(영문) 창원지방법원 2018.11.15 2018가단6399

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(영문) 창원지방법원 2018.11.15 2018가단6399

건물명도(인도) 등

Text

1. The Plaintiff:

A. Defendant A and Defendant C each point of the attached Form A, B, C, D, and A, among the area of 907 square meters in Kimhae-si D, Kimhae-si.

Reasons

1. Facts of recognition;

A. The land of this case is owned by the Plaintiff (hereinafter “instant land”).

B. Defendant A and Defendant B shared a household building constructed over the above two lots of land as co-owners of forest E 224 square meters in Kimhae-si, which are the land adjacent to the instant land.

However, among the above buildings, the portion of 23 square meters inside a ship connected in order to each point of A, B, C, D, and A (hereinafter “the portion of the building of this case”) is located on the land of this case. Of the land of this case, the portion of the building of this case, which connects each point of the attached Form No. 1, 12, 19, 18, 17, 16, 15, 14, 13, and 10 square meters (hereinafter “the portion of the building of this case”) is used for the purpose of the end, etc. of the building of this case.

C. At present, the Defendants possess and use the building portion of the instant provisional building.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 6, the purport of whole pleadings

2. According to the above facts of recognition as to the request for removal of a building and delivery of a site, the defendants are obligated to withdraw from the occupied part of the land of this case or deliver the building and its site to the plaintiff, unless they asserted and prove the legitimate title of possession.

Therefore, Defendant A and Defendant C, the possessor of the building of this case, have withdrawn from the building of this case, and among the occupants of the building of this case, the judgment in favor of the Plaintiff on the duty of eviction was finalized in the Changwon District Court 2016Da110409 (1 court), and the Changwon District Court 2017Na55890 (Appeal Court).

Defendant A and Defendant B, the owner of the building portion of this case, are obligated to remove the building portion of this case and deliver the land of this case (A).

3. The plaintiff's claim of this case is reasonable, and it is so decided as per Disposition with the assent of all to accept the claim.

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