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(영문) 인천지방법원 2017.08.16 2015가단212083
건물등철거
Text

1. Defendant A:

A. Of each land listed in the separate sheet, the separate sheet No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11.

Reasons

1. Facts of recognition;

A. On October 29, 209, the Plaintiff acquired shares of 515,164,332.9/614, 14, 276,54,54,86.45/10 of the shares in the land listed in [Attachment List 1] 28,553,55,308,3083,4636/140,685/100 of shares;

Accordingly, from December 24, 2009 to December 24, 2009, the Plaintiff owned 480,629 shares of the land listed in the annexed Table 1.

B. On October 29, 2009, the Plaintiff acquired the ownership of the land as stated in the [Attachment List No. 2].

C. Defendant A owns the portion of “A” portion of the land without permission connected in sequence 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 20, 27, 28, 29, 30, 30, 30, 31, 32, 31, 32, 14, 15, 16, 17, 17, 18, 19, 20, and 16 square meters of the land indicated in the separate sheet among the land listed in the separate sheet.

Defendant B occupies the above “A” building without permission.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1-4 and 9-1 and 2, and the result of each commission of appraisal to the Korea Land Information Corporation (Seoul Northern Vice-Governor) and Eul by this court, the purport of the entire pleadings

2. Determination

A. In determining the claim for removal, delivery, and withdrawal, Defendant A without a legitimate title possesses each part of the building on the land listed in the separate sheet owned or owned by the Plaintiff, and thus, Defendant A is obligated to remove the above building without permission and deliver the part of the building to the Plaintiff.

Defendant B without a legitimate title occupied the above “A” building without permission, and thereby, the Plaintiff.

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