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(영문) 춘천지방법원영월지원 2019.09.18 2018가단270
건물철거 및 토지인도 등
Text

1. The Defendants, in sequence, are indicated in the attached Form No. 10, 11, 12, and 10 among the land size of 206 square meters in Pyeongtaek-gun, Gangwon-gu, Seowon-gun.

Reasons

1. Basic facts

A. On November 28, 2017, the Plaintiff completed the registration of ownership transfer on the ground of sale with respect to the land of 206 square meters (hereinafter “instant land”).

B. Defendant C Co., Ltd., 7/13, Defendant D, E, and F shared 2/13 shares, respectively, with respect to one-story housing of 9.54 square meters (hereinafter “instant building”).

C. Part of the instant building is located on the ground of 3 square meters in a ship, which successively connects each point of (i) section 5 square meters and each point of (g), 7, 8, 13, and 7 of the same drawings, among the instant land, which are located on the ground of 3 square meters in a part of (b) the attached drawings.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 6; the result of this court's commission of surveying and appraisal to the Pyeongtaek branch of the Korea Land Information Corporation; the purport of the whole pleadings

2. According to the above facts of recognition, the defendants are obligated to remove each part of the above part of the building of this case for each share and deliver each part of the site to the plaintiff, unless there are special circumstances.

On the other hand, Defendant F asserted that the statute of limitations for the acquisition of possession of each part of the land of this case has expired, but there is no evidence to acknowledge this. Thus, Defendant F’s above assertion is not accepted.

Furthermore, Defendant F asserted that the Plaintiff’s lawsuit of this case was abuse of rights, but there is no other evidence to acknowledge it, so the above assertion is without merit.

Therefore, the Defendants are obligated to remove the above land at the ratio of 7/13 shares in Defendant C Co., Ltd., Defendant D, E, and F, each of which is 2/13 shares, and to deliver each of the above land to the Plaintiff, each of which is 7/13 shares, 7/13 shares, 7/13 shares, 7/13 shares, 7/13 shares, 2/13 shares, and 2/13 shares.

3. If so, the plaintiff's claim.

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