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(영문) 서울중앙지방법원 2014.10.01 2013가단233610
건물철거 등
Text

1. Of the instant lawsuit, the part of the claim against the Defendants for removal of obstacles shall be dismissed.

2. Plaintiff (Appointed Party) A, and .

Reasons

1. The purport of the claim in a civil lawsuit concerning the part concerning the claim for removal of obstacles among the lawsuits in this case must be specified in a way that the contents and scope of the claim can be clearly identified. Since the issue of determining the purport of the claim is the matter to be examined ex officio, where the purport of the claim is not specified, the court shall ex officio order the correction thereof, regardless of whether the defendant raises an objection, and dismiss the lawsuit in a case where

(2) Of the lawsuit in this case, it is difficult to view that the contents and scope of the object to be removed are unclear and specifically specified. Although the court stated on the second date for pleading that the object to be removed need to be specified, it clearly expresses to the Plaintiff (Appointed Party) that the object to be removed is no longer intended to be specified. This part of the lawsuit is unlawful because the purport of the claim is not specified.

2. Determination as to the remaining claims

A. Facts of recognition 1) Plaintiff (Appointed Party) A and Appointed F (hereinafter collectively referred to as “Plaintiff, etc.”).

) The Jongno-gu Seoul Metropolitan Government 380.2 square meters (hereinafter “instant land”) shall be the same as “instant land.”

(2) As of the date of the closing of argument in this case, the Defendants occupied each part of the instant land out of the instant land through the installation of fences which combine each part of the bed part, while residing in a house of neighboring land adjoining the instant land as indicated below, as of April 10, 2003.

Part 1 B of the Defendant’s land bed in succession with each point of 1, 3, 4, 2, and 1 in Jongno-gu Seoul H-2, Jongno-gu Seoul Metropolitan Government H. 60.2 square meters, and each point of 3, 5, 6, 4, and 3 of 3.6 square meters in sequence connected with 3.5 square meters in Seoul Jongno-gu Iroro 78 square meters in 78 square meters in order, and 5, 8, 9, 10, 7, 6, and 5, respectively.

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