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(영문) 수원지방법원안양지원 2016.07.01 2015가단106798
건물등철거
Text

1. The Defendant C Village Association:

A. Article 1(1) of the Attached Table 1 shall be removed to Plaintiff B, and the Attached Table 2(1) shall be removed.

Reasons

1. The plaintiff B is the owner of the land listed in the attached Table 1 List E, the plaintiff A is the owner of the land listed in the attached Table 1 List F, the plaintiff C Village is the owner of each building listed in the attached Table 1. The defendant D occupies each building listed in the attached Table 1 List, and the parties are not separately interested in any dispute between them, or the whole purport of the arguments in the items listed in subparagraphs 1 through 7.

According to the above facts, barring any special circumstance, the defendant C Village Association is obligated to remove the building in attached Table 1, remove the part of the land in attached Table 1, and deliver the part of the land in attached Table 2 Schedule 1 to the plaintiff A, remove the building in attached Tables 1, 2, 2, and 3 to the plaintiff and deliver the part of the land in attached Tables 2, 2, and 3 to the plaintiff, and the defendant D leaves the building in attached Table 1 List 1 to the plaintiff B and leaves the building in attached Tables 2 and 3 to the plaintiff.

The plaintiff's assertion is justified.

2. The defendant's assertion is that each building listed in the separate sheet No. 1 was owned by the defendant C Village from 1974 to the ownership of the defendant C Village. Thus, the plaintiff's claim against it constitutes an abuse of right, but there is no other evidence, such as the submission of any evidence.

The defendant's argument is without merit.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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