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(영문) 인천지방법원부천지원 2016.05.25 2014가합7833 (1)
토지인도등
Text

1. For the Plaintiff (Appointed Party) and the Appointed Party:

A. Defendant B: (a) is attached Form 1.2, among the area of 4,413.2 square meters in 1,000,000,000 Won-gu.

Reasons

1. Facts of recognition;

A. The Plaintiff, the designated parties, and the Defendant’s sports and welfare co-owners of the instant land.

B. Defendant B owned the warehouse of the roof of the assembly-type panel (hereinafter “the partial building of this case”) on the ground of part 9 square meters (B) connected in sequence with each point of (b) part of (b) which is 9 square meters (hereinafter “the part of (b) of this case”) of the attached drawing Nos. 1 among the land of this case, and owned the land of this case (hereinafter “the part of (b) of this case”).

C. Defendant C owns each of the items of (d) part (d) and part (e) of the roof of the assembly-type panel (hereinafter “part (d) of this case”) on the ground, which connects each point of (d) part (hereinafter “the part (d) of the instant land”) of the attached drawing Nos. 38, 4, 40, 41, and 38 among the instant land, and owns the part (e) of (d) part (e) of the roof of the assembly-type panel (hereinafter “part (d) of this case”) connected each point of (d) of the said drawing Nos. 38, 39, 40, 41, and 38 on the ground.

[Reasons for Recognition] Defendant Gyeonggi Welfare Public, C: A without dispute, entry of the evidence No. 1, and the purport of the whole pleadings: Defendant B: A pursuant to Article 150(3) and (1) of the Civil Procedure Act

2. The plaintiff alleged that the defendant sports welfare co-ownership of the part of this case without a legitimate title interferes with the exercise of ownership by the plaintiff and the designated parties who are co-owners of the above part of the land. Thus, although the defendant sports welfare co-ownership does not possess the part of this case as of the closing date of pleadings, the plaintiff's above premise that the defendant sports welfare co-ownership of the part of this case does not conflict between the parties, and thus, the defendant sports welfare co-ownership of the part of this case does not possess the land of this case.

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