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(영문) 대구지방법원 2015.11.25 2015나12091
건물등철거
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The defendant's decision on the defense prior to the merits is as follows: since the actual owner of the housing of this case is F or its son H, the lawsuit of this case seeking removal, etc. against the defendant is unlawful as it was against the non-party standing. However, in a lawsuit for performance, the plaintiff's party standing to be the defendant. Thus, the defendant's defense is without merit.

2. Judgment on the merits

A. 1) The Daegu Dong-gu Do-gu Da-gu 397 square meters (hereinafter “instant land”).

(2) On May 19, 2014, each share transfer registration was completed in the name of the Plaintiffs with respect to one half of the two shares. (2) The Defendant owned each share transfer registration in the name of the Plaintiffs, among the instant land, on the ground of the line connecting each point of the matters indicated in the separate sheet No. 4, 10, 11, 12, 13, 14, 15, 16, and 8 (hereinafter “instant wall”) among the instant land, and the same map No. 4,5, 17, 10, and 4 in the area inside the said wall and the same map No. 4,5, 17, 10, and 18 square meters, (hereinafter “instant house”). The Defendant owned each of the instant land and the instant land No. 2 and the instant land, and owned each of the instant land No. 4,5,6,7, 8, 16, 14, 16, 14, 12, 14, 1.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 8, Eul evidence 5, the result of the survey appraisal conducted by the first instance appraiser E, the purport of the whole pleadings

B. According to the above facts of recognition as to the cause of the claim, the defendant has a duty to remove the fence and house of this case to the plaintiffs who are the owner of the land of this case and deliver the land of this case 2.

C. The Defendant asserted the first ground water purchase right and the right to claim reimbursement of beneficial costs as to the Defendant’s defense, etc. from F.

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