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(영문) 전주지방법원군산지원 2019.06.13 2018가단53403
건물등철거
Text

1. The Plaintiff:

A. Defendant B:

2. Removal of each building entered in the list of buildings, and the attached Form;

1. entry in a land list;

Reasons

1. Indication of claim;

A. Defendant B1) The Plaintiff is the Plaintiff’s share of 1748.8324/298 and the F.25/21 of the share of 1748.8324/298 and the F.21 square meters (hereinafter referred to as “each of the instant parcels” in total of the two parcels.

(2) Defendant B is the owner of multi-household G, H, and I (hereinafter “each of the instant sections”) constructed on each of the instant lands.

3) The Plaintiff was awarded the above share in the voluntary auction case applied by the mortgagee of the right to collateral security on each of the instant lands established prior to the construction of each of the instant partitioned buildings, and cancelled all of 125.7916/30 of the right to share in the site of the instant housing after winning the bid. Accordingly, Defendant B occupied each of the instant plot of land by owning each of the instant plot of land without the title to possess each of the instant plot of land. Thus, barring any special circumstance, Defendant B is obligated to remove the said plot of land to the Plaintiff, who is the right to share the instant plot of land, and deliver each of

However, although the plaintiff seeks to transfer all of the land of this case to the defendant B, it is reasonable to deem that the corresponding part of the land of this case possessed by the defendant by owning each of the building of this case is corresponding to the share cancelled after being registered as the site right for each of the above sections. Thus, it is reasonable to regard that the corresponding part of the land of this case corresponding to the share cancelled. Thus, it is 125.791

Therefore, the part of the possession of each land of this case, which Defendant B is obligated to deliver, is 125.7916 shares out of the above land.

5) If so, the plaintiff's claim against the defendant B is accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit.

B. Defendant C and D: as shown in the Attached Form “Grounds for Claim”.

2. Applicable provisions;

(a) Claim against Defendant B: Article 208(3)3 of the Civil Procedure Act (Decision by service by public notice);

B. Claim against Defendant C and D: Article 208(3) of the Civil Procedure Act.

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